Legal subjectivity:
1) The scope of priority rights is different: foreign applicants can apply for inventions, utility models, and designs in a foreign country for the first time, and then apply for the same invention or utility model in China. The subject matter has the right to file a patent application and enjoys priority. (2) The subjects enjoying priority rights are different: foreign priority rights are enjoyed by foreign citizens, and domestic priority rights are enjoyed by domestic citizens. (3) Different sources of rights: Foreign priority rights come from agreements signed between foreign countries and China or international treaties that China has participated in, while domestic priority rights are given to qualified applicants in accordance with the provisions of my country’s Patent Law. right. (4) The purpose of setting priority is different: foreign priority provides convenience for international patent applications and protects the interests of foreign patentees in a timely and effective manner; domestic priority mainly facilitates the increase of technical solutions during the priority period and provides different Provide conditions for the conversion between types of patents and protect the legal objectivity of domestic citizens:
Article 29 of the "Patent Law" begins ten years from the date when the applicant first files a patent application for an invention or utility model in a foreign country. Within two months, or within six months from the date of first filing a patent application for a design in a foreign country, if another patent application is filed for the same subject in China, the foreign country shall participate in the patent application in accordance with the agreement signed between the foreign country and China or the *** international treaties, or in accordance with the principle of mutual recognition of priority, may enjoy priority. Within twelve months from the date of first filing a patent application for an invention or utility model in China, or within six months from the date of first filing a patent application for a design in China, the applicant shall submit the application to the Patent Administration Department of the State Council. Patent applications filed on the same subject matter can enjoy priority.