Priority principle

Priority principle is one of the principles of patent application. Include foreign priority and domestic priority. The main content of priority is that if an applicant applies for a patent for invention or utility model abroad for the first time within 12 months, or applies for a patent for design abroad for the first time within 6 months, and applies for a patent on the same subject at home, he can enjoy priority according to the agreement signed between the foreign country and China, the international treaties to which * * * is a party, or the principle of mutual recognition of priority. An applicant who files a patent application for the same subject with the Patent Administration Department of the State Council within 12 months from the date when he first filed an application for a patent for invention or utility model in China may enjoy priority. The former is foreign priority and the latter is domestic priority, which is different in the applicable patent types and application places. The practical significance of priority is to take the date of the first patent application as the time standard for judging novelty. The date of the first application is called the priority date, and the above-mentioned specific period is called the priority period. Where the applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority. When the first application is abandoned or rejected, its priority still exists. Priority can be assigned, that is, it can be assigned together with the right to apply for a patent.

Priority principle in patent law;

1. Determine the ownership of the right of invention and creation through legal procedures, so as to effectively protect the achievements of invention and creation and monopolize the market in exchange for the maximum benefit;

2. In order to take the initiative in the market competition, ensure the safety of production and sales, and prevent opponents from suing themselves for infringement (forcing them to stop production and sales due to high economic compensation);

3. The patent right is protected by the national patent law, and no unit or individual may use it (sue others for patent infringement and demand compensation) without the consent of the patentee;

4. Apply for a patent for one's invention and creation in time, so that one's invention and creation are protected by national laws and prevent others from imitating new technologies and new products developed by enterprises (which constitute technical barriers, and others must obtain the consent of the patentee if they want to develop similar technologies or products);

5. If you don't apply for a patent for your invention and creation in time, others will file a patent application for your labor, and then sue the court or the patent management authority for patent infringement;

6, can promote the upgrading of products, but also improve the technical content of products, and improve product quality, reduce costs, so that enterprise products in an invincible position in the market competition;

Legal basis:

Decision of NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC)

The first paragraph of Article 29 is amended as: "Where an applicant applies for a patent for an invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for a design for the first time in a foreign country within 6 months, and applies for a patent for the same subject in China, he may enjoy the priority according to the agreement signed by the foreign country with China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority.