1. If a foreign country applies for priority, the foreign country that accepts the applicant's first application must join an international treaty with priority provisions with China, or sign a bilateral agreement with China to recognize priority, or recognize that our nationals enjoy priority in that country;
2. Patents applying for foreign priority include invention patents, utility model patents and design patents;
3. Patents applying for domestic priority include invention patents and utility model patents;
4. To apply for foreign priority, the first application must be a formal application on the priority date accepted and granted by the foreign patent office. Whether the application can be approved or not does not affect the basic conditions for applying for priority;
5. To apply for domestic priority, the first application must be a formal application accepted by the patent administration department of the State Council and given the priority date. However, when the latter application is filed, the first application has claimed foreign priority or domestic priority, or has been granted a patent right, or is a divisional application according to regulations, which cannot be used as the basic condition for applying for domestic priority;
6. Whether applying for foreign priority or domestic priority, the latter application is required to have the same theme as the previous application. If the latter application exceeds the subject matter of the previous application, it shall not enjoy priority, and it can only apply for priority in the same part;
Seven, the joint application, allowing one party to enjoy the priority, but also allow them to enjoy the priority date;
Eight, apply for domestic priority, you can change the type of patent application, its priority is not affected, as long as the theme of the latter application is the same as that of the previous application;
Nine, the latter application in China must be filed within the priority period, and must also meet the requirements that the latter applicant is the legal heir of the former applicant;
X. To apply for priority, a declaration must be made at the same time as applying for rights.
legal ground
According to the provisions of Article 29 of the Patent Law, if an applicant files a patent application for an invention or utility model in China within 12 months from the date when a foreign country first filed a patent application, or within 6 months from the date when a foreign country first filed a patent application for a design, he may enjoy the priority 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.
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.