1. Domestic Priority Domestic priority, also known as "domestic priority", means that the patent applicant filed a patent application with the Patent Office in China National Intellectual Property Administration, China within 12 months from the date when he first filed an application for a patent for invention or utility model with the same theme in China. In China's priority system, design patents are not included. 2. International Priority International priority, also known as "foreign priority", is that if a patent applicant files a patent application in China within 12 months from the date of filing the patent application for the same invention or utility model for the first time in a foreign country, or within 6 months from the date of filing the patent application for the same design for the first time in a foreign country, China will take the date of filing the patent application for the first time in a foreign country as the priority date. In the case of service invention, the ownership belongs to the employer, so the patentee belongs to the employer. So the case will be handled according to different situations.
Legal objectivity:
Article 29 of the Patent Law Where an applicant applies for a patent for an invention or utility model for the first time in a foreign country within twelve months, or for a design for the first time in a foreign country within six months, and applies for a patent for the same subject in China, he may enjoy the priority according to the agreement signed between the foreign country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority. Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.