The scope of patent protection is generally domestic. Patent right is regional, and the patent system of each country is independent. If the patented technology wants to be protected in China, it must apply for a domestic patent.
I. The relevant provisions of patents are as follows:
Patent priority means that after the patent applicant filed a patent application for his invention-creation for the first time in a country, he filed a patent application for the invention-creation with the same theme within the statutory time limit, and then applied according to the relevant laws and regulations.
The date of the first patent application is the date of filing, and the rights enjoyed by the patent applicant according to law are the priority. The purpose of patent priority is to exclude those who plagiarize other countries' patents from applying first.
Second, patent priority is divided into domestic priority and international priority.
(1) domestic priority, also known as "domestic priority", means that a patent applicant can enjoy priority if he files a patent application with the China National Intellectual Property Administration Patent Office within 12 months from the date when he first filed a patent application for invention or utility model with the same theme in China. Design patents are not included in China's priority system.
(2) International priority, also known as "foreign priority", refers to: within 65,438+02 months from the date when the patent applicant filed a patent application for the invention or utility model with the same theme or the design with the same theme in a foreign country for the first time. Where a patent application is filed in China within 6 months from the date of the first application for a foreign patent, China shall take the date of the first application for a foreign patent as the filing date and that date as the priority date.