Legal analysis
1, written principle; At present, a written document must be submitted to apply for a patent in China, and everything is subject to the submitted written document. However, with the development of electronic information technology, the Chinese Patent Office has tried some electronic applications in a few foreign-related agencies. 2. The principle of first application; Theoretically, the same invention can only be granted a patent right. Therefore, if two or more applicants apply for patents for inventions with the same content respectively, the patent right will be granted to the first applicant. If two people apply on the same day, they can solve it through consultation, or they can apply together or transfer to one of them. If negotiation fails, it will not be approved, and it can only be protected as a technical secret or made into a freely known technology. 3, the principle of oneness The so-called principle of oneness is also the principle of an invention and an application. An application for a patent for an invention or utility model shall be limited to one invention or utility model, and two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for design shall be limited to one design used in a product, and two or more designs used in the same category and sold or used in sets may be regarded as one application.
legal ground
Article 29 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed by the foreign country with China or the international treaty to which * * * is a party, 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.