1 What is the relationship between the filing date and the priority date of a patent?
Priority is divided into foreign priority and domestic priority: L. Paragraph A of Article 4 of the Paris Convention (1) stipulates: "Any person or successor of rights who formally applies for the registration of an invention patent, utility model or design in any country of the Union must meet the following conditions in order to claim foreign priority within a certain period from the initial application date (called the priority period). A the priority date must be the date of the first application in a foreign country, and the date of the second or third application cannot be used as the basis for claiming priority. B the right of priority only applies to the contents of the first application for a patent for invention-creation. C. The applicant who applies for the first time in a foreign country should be the same person as the applicant who applied in China before he has the right to claim priority. The same applicant includes the heir to the applicant's rights. D the application must be filed in China within the priority period (within 65,438+02 months from the filing date of the first application of the invention and utility model abroad, and within 6 months from the design). 2. Paragraph 2 of Article 29 of China's Patent Law stipulates that "the applicant shall file an application for a patent for an invention or utility model for the first time in China within 12 months, and file an application with the State Council on the basis of the invention patent or utility model. When claiming domestic priority, we should pay attention to the following problems: a. The applicant who applied for domestic priority later is the same as the applicant who applied first. "The same person" includes the heir or successor of the applicant. B the provisions of domestic priority only apply to inventions or utility models, not to designs. C like foreign priorities, domestic priorities may require one or more priorities or partial priorities. Where domestic priority is claimed, the earlier application shall be deemed to be withdrawn when the latter application is filed. E when multiple domestic priorities are claimed, several items can be combined in parallel to claim domestic priorities; It is impossible to demand domestic priority on the basis of vertical interdependence.