Patent priority means that the patent applicant filed a patent application for his invention in a certain country for the first time and filed a patent application for the same subject in China within the statutory time limit. According to the relevant laws and regulations, the date of the first patent application is the filing date, and this right enjoyed by the patent applicant according to law is the priority. The purpose of patent priority is to exclude people who plagiarize this patent in other countries from the possibility of applying for registration first. Design patent refers to a new design which is aesthetic and suitable for industrial application based on the shape, pattern or combination of product and the combination of color, shape and pattern. Design refers to the design of industrial products and is the style of industrial products. Design can also apply for a patent, and then apply for patent priority. Generally speaking, patent priority is time-limited. The time limit for applying for design and trademark priority is 6 months, and the time limit for applying for invention patent and utility model priority is 12 months. The above-mentioned time limit is counted from the date of the first application, and the date of application is not counted in the time limit. If it is necessary to protect the last day of the deadline, and the national statutory holidays or the days of the competent authorities are not applicable, the deadline will be postponed to the first working day thereafter.
【 Legal Basis 】 Article 30 of the Patent Law of People's Republic of China (PRC) Where an applicant claims the priority of a patent for invention or utility model, he shall submit a written statement at the time of application and a copy of the first patent application document within 16 months from the date of the first application. Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months. Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.