(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 the interests of domestic citizens.
Legal basis: Article 31 of the Detailed Rules for the Implementation of the Patent Law. 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.