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. Patent priority can be divided into domestic priority and international priority.
Domestic priority, also known as "domestic priority", refers to the first time that an applicant filed an application for a patent for invention or utility model with the Patent Office in China within 12 months, or filed an application for a patent for utility model or utility model with the Patent Office based on the application for utility model, so that he can enjoy priority.
International priority, also known as "foreign priority", means that the patent 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. 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, he can enjoy priority.
Characteristics of patent priority
1. Priority is a subsidiary right of patent application right. Without the right to apply for a patent, there is no priority.
2. Only after the patent applicant files a patent application can the right to apply for a patent derive priority.
3. Priority is strictly limited in time, that is, priority is valid only within the priority period stipulated by law, and it is invalid after expiration.
4. Where the two applications filed by the patent applicant are in the same country, the priority enjoyed by the patent applicant is domestic priority; If it is in different countries, it is foreign priority.
5. Priority cannot be automatically generated, that is, if the patent applicant claims priority when filing the latter application, he must file an application for priority claim at the same time as filing the latter application, and submit the corresponding valid certification documents in accordance with the regulations. Only through examination can priority be generated.
6. The latter application claiming priority must have the same theme as the earlier basic application, but the theme of the latter application can be the improvement of the earlier basic application.
The above contents refer to Baidu Encyclopedia-Patent Priority.