What is the priority of patent use?

Priority in patent right means that an applicant can enjoy priority if he applies for a patent for invention or utility model for the first time in China within twelve months, or applies for a patent for design for the first time in China within six months. For the first application abroad, the priority must be obtained in accordance with the agreement signed between the country and China or the international treaties to which * * * is a party.

legal ground

Article 29 of the patent law

An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or 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, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both 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.