1, the principle of first application. That is, if two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
2. The principle of form. Only when the application materials are submitted as required and authorized by the Patent Office can the applicant obtain the patent right.
3. Single principle. The principle of singleness means that a patent application can only be limited to one invention.
4. The principle of priority. The purpose of patent priority is to exclude the possibility that anyone who plagiarizes this patent in other countries may first apply and get registered.
Patent priority is classified as follows:
1, domestic priority. Refers to the patent applicant for the same subject invention or utility model in China for the first time from the date of filing a patent application 12 months, and apply to the Patent Office in China National Intellectual Property Administration, China, can enjoy priority. In China's priority system, design patents are not included.
2. International priority. Where an applicant for a patent 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 in China within 6 months from the date of filing a patent application for the same design for the first time in a foreign country, China takes the date of filing a patent application for the first time in a foreign country as the filing date, which is the priority date.
Legal basis: Article 29 of the Patent Law of People's Republic of China (PRC).
Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within two months, or applies for a patent for design for the first time in a foreign country within six months, and applies for a patent on the same subject in China, he may enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority.