Can an application for a patent for invention be the priority basis of design?
Because each country implements its own independent patent system, and most countries adopt the principle of first application, that is, the patent right is granted to the first applicant, and it is difficult for an applicant to submit an application in one country and other countries at the same time. In order to solve this problem, the Paris Convention signed by 1883 stipulates the principle of "priority", that is, if an applicant applies to other member countries for the same invention-creation theme within a certain time after the first application of one member country, the filing date of the latter application may not be the actual filing date, but the filing date of the earlier application may be regarded as the filing date of the latter application. This not only gives the latter application priority over the applications filed by others after the filing date of the first application and before the actual filing date of the latter application, but also makes the disclosure during this period not cause the patent right to be invalid, greatly reducing the risk of patent right invalidation. Because priority is related to whether an application for a design can meet the requirements of the principle of first application and novelty, what kind of application can enjoy priority, especially whether an application for a patent for invention can be used as the priority basis of design, has always been the focus of debate in the industry. By analyzing the provisions of laws and treaties on the priority of design, the legal provisions and practices of other countries and organizations, and the possibility of overlapping objects of invention and design protection, this paper puts forward the necessity and feasibility of taking invention patent application as the basis of priority of design.