Priority system of patent application

Legal analysis: patent priority refers to the patent applicant who filed a patent application for his invention and creation in a country for the first time, and then filed a patent application for the same theme for his invention and creation within the statutory time limit. According to the relevant laws and regulations, the date of the first patent application is the filing date of his later application, and this right enjoyed by the patent applicant according to law is the priority. The purpose of patent priority is to exclude the possibility that anyone who plagiarizes this patent in other countries may first apply and get registered.

Legal basis: Article 28 of the Patent Law of People's Republic of China (PRC). The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.