Can I enjoy the domestic priority of appearance patent?
Design patents do not enjoy priority in China. The purpose of domestic priority of invention patent and utility model patent is to provide the possibility of mutual conversion between the two types of patents, but there is no conversion type of design, so there is no domestic priority. According to the relevant provisions of the Patent Law and the detailed rules for the implementation of the Patent Law, if an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he can enjoy the priority according to the agreement signed between the foreign country and China or the international treaties to which he is a party, or according to the principle of mutual recognition of priority; An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority. The applicant claims domestic priority, and if the earlier application is an application for a patent for invention, he may file an application for a patent for invention or utility model on the same subject; Where the earlier application is an application for a patent for utility model, an application for a patent for utility model or invention may be filed on the same subject. However, when the latter application is filed, if the subject matter of the earlier application is under any of the following circumstances, it shall not be used as the basis for claiming domestic priority: (1) foreign priority or domestic priority has been claimed; (2) The patent right has been granted; (3) It is a divisional application filed in accordance with regulations. Where the applicant claims domestic priority, the earlier application shall be deemed to have been withdrawn from the date of filing the later application. The applicant may claim one or more priorities in a patent application; Where multiple priorities are claimed, the priority period of the application shall be calculated from the earliest priority date. Where the applicant claims foreign priority in accordance with Article 30 of the Patent Law, the copy of the earlier application documents submitted by him shall be certified by the original accepting institution. According to the agreement signed between the patent administrative department of the State Council and the accepting institution, if the patent administrative department of the State Council obtains a copy of the earlier application documents through electronic exchange, it shall be deemed that the applicant has submitted a copy of the earlier application documents certified by the accepting institution. Where domestic priority is claimed, if the application date and application number of the earlier application are stated in the request, it shall be deemed that the applicant has submitted a copy of the earlier application documents. To sum up, the innovative design of a commodity or related products will naturally have the patent right of appearance, but once the appearance is created, it is equivalent to being fixed forever, and any changes that occur in the future may create a new appearance, so for unnecessary consideration, priority is not set.