What is the difference between domestic priority and foreign priority?

The priority principle originated from the Paris Convention and is one of the basic principles of the Paris Convention. It is set up to facilitate applicants to apply for international patents, which is also the original intention of setting the priority principle. With the development of economy and the acceleration of knowledge updating, many countries in the world have established their own priority system from the perspective of protecting their own interests. China also introduced the domestic priority system when it revised its patent law in September, 1992.

The distinction between domestic priority and foreign priority mainly includes the following four aspects:

(1) The scope of priority is different: after the first application in a foreign country, a foreign applicant can file a patent application for invention, utility model or design in China on the same subject and enjoy priority.

(2) The subjects of priority are different: foreign priority is enjoyed by foreign citizens, while domestic priority is enjoyed by domestic citizens.

(3) Different sources of rights: Foreign priority comes from agreements signed between foreign countries and China or international treaties to which both countries are parties, while domestic priority is given to qualified applicants according to the provisions of China Patent Law.

(4) The purpose of priority setting is different: foreign priority provides convenience for international patent application and protects the interests of foreign patentees in time and effectively; Domestic priority is mainly for the convenience of adding technical solutions during the priority period, providing conditions for the conversion between different types of patents and protecting domestic citizens.