The principle of first application is to judge the application order based on the application date. This provision contains two meanings:
1. If you apply for a patent on different dates, the date of application shall be the standard for judging the order of application.
The so-called filing date refers to the date when China National Intellectual Property Administration receives the application documents that meet the requirements; If the application documents are mailed, the postmark date of mailing shall be the application date. In the case of foreign or domestic priority, the priority date is regarded as the application date. The application for supplementary drawings shall be subject to the date of supplementary drawings. For the divisional application, the filing date of the original application shall be the filing date of the divisional application.
The term "application" as mentioned in this Article refers to a valid application that has obtained the application date and application number in accordance with the provisions of this Law. An application that has not obtained the application date and application number, or an application that has expired, even if the application date is earlier, cannot be regarded as the "first application" for obtaining the patent right. For example, if the applicant withdraws his application after filing it, or his application is deemed to be withdrawn or rejected according to the provisions of this Law, the patent right cannot be obtained according to the principle of "applying first", but should be obtained by the applicant who applied effectively later. The "applicant" as mentioned in this article includes not only the individual as the applicant, but also the unit as the applicant.
2. If the application is filed on the same day, it shall be settled by the applicant through consultation.
China National Intellectual Property Administration only grants patents determined through consultation. If the negotiation opinions are inconsistent, or one party refuses to negotiate, no patent right will be granted to either party. This is based on the principle of "no repeated authorization". Therefore, when applying on the same day, the applicants should try their best to reach an agreement, or the applicants * * * jointly apply for a patent, and the patent right will be owned by them * * * after the application is passed; If either party applies for and obtains a patent right, it shall grant other applicants the right to exploit it free of charge or give other applicants appropriate compensation.
At the same time, the patent law stipulates that the same invention can only be granted a patent right. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
The above is related to the principle of prior patent application. If you want to declare projects, professional title evaluation and scoring, high-tech enterprise identification, settlement scoring, and college entrance examination scoring, if you want to know about patents in related industries, similar to the principle of prior patent application, you can consult intellectual property customer service. There are various types of patents in various industries here.
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