Transfer of patent priority

The distinction between domestic priority and foreign priority mainly includes the following four aspects:

(1) The scope of priority is different: after applying for an invention, utility model or design for the first time in a foreign country, a foreign applicant can file a patent application right on the same subject in China and enjoy priority.

(2) The subjects of priority are different: foreign priority is enjoyed by foreign citizens, while domestic priority is enjoyed by domestic citizens.

(3) Different sources of rights: Foreign priority comes from agreements signed between foreign countries and China or international treaties to which both countries are parties, while domestic priority is given to qualified applicants according to the provisions of China Patent Law.

(4) The purpose of priority setting is different: foreign priority provides convenience for international patent application and protects the interests of foreign patentees in time and effectively; Domestic priority is mainly for the convenience of adding technical solutions during the priority period, providing conditions for the conversion between different types of patents and protecting domestic citizens.