What is the meaning of patent right and its various help and enlightenment?

The principle of priority originated from the Paris Convention for the Protection of Industrial Property signed by 1883, with the purpose of facilitating nationals of contracting States to apply to other contracting States after filing their own patent or trademark applications. Priority refers to the patent applicant who filed a patent application for the invention-creation in a country for the first time, and then filed a patent application for the invention-creation with the same theme within the statutory time limit. According to the relevant laws and regulations, the date of the first patent application is regarded as the filing date of his later application, and this right enjoyed by the patent applicant according to law is the priority.

I. Classification of patent priority

Patent priority can be divided into domestic priority and international priority.

Domestic priority, also known as "domestic priority", means that the patent applicant applies for a patent for an invention or utility model with the same theme for the first time in China within 12 months, and can enjoy priority. In China's priority system, design patents are not included.

International priority, also known as "foreign priority", means that a patent applicant files a patent application in China within 12 months from the date of filing a patent application for the same invention or utility model for the first time in a foreign country, or within 6 months from the date of filing a patent application for the same design for the first time in a foreign country, and China takes the date of filing a patent application for the first time in a foreign country as the priority date.

Second, the role and significance of patent priority

1, to encourage inventors to apply for patents in time.

Patent priority can encourage inventors to apply for patents in time. As soon as there is an invention, the inventor can apply for a patent in time, which is conducive to protecting the inventor's enthusiasm to the maximum extent and fully embodies the principle of "earlier application" stipulated in China's patent law.

The consequences of applying for a patent too late are obvious, which can easily lead to others applying first. In addition, some patent technology thieves steal technological achievements through some improper means, apply for patents first, and even sue the real inventors in turn.

2. Urge inventors to speed up the research process.

The priority period is 12 months, and the inventor is required to improve and perfect the invention-creation of the same theme within 12 months after the first application. After the first patent application, many people set the completion date of their next development plan before the expiration of the priority period, which is the positive impact brought by the priority system.

3. It is beneficial to the conversion of patent application types.

Because for some inventions, the documents and claims of utility models and invention patents are often different, inventions can protect methods, but utility models cannot. With the priority system, the applicant can finally decide whether to protect his invention or creation with utility model or invention patent within a specified period of one year according to his own choice. If the original application is a utility model, the utility model patent can be converted into an invention patent by claiming priority, and vice versa.