(1) foreign priority refers to "an applicant who applies for a patent for an invention or utility model for the first time in a foreign country within twelve months, or for a design for the first time in a foreign country within six months, and at the same time applies for a patent for the same subject in China, may enjoy priority according to the agreement signed by the foreign country with China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority."
(2) Domestic priority means that an applicant who files a patent application for invention or utility model with the Patent Office within 12 months from the date when he first files an application in China can enjoy priority. However, any of the following circumstances in the previous application cannot be used as the basis for claiming domestic priority: a. Foreign priority or domestic priority has been claimed; B. The patent right has been approved; C, it is a divisional application as required.
For information about priorities, please refer to the following links.
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The function and significance of patent priority
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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.
4, is conducive to strengthening the protection of patents.
The detailed rules for the implementation of China's patent law stipulate: "The filing date mentioned in the patent law, if there is priority, refers to the priority date." This provision itself is beneficial to the patentee, which in turn helps to strengthen the protection of patents. In addition, because the first patent application is modified, supplemented and improved by claiming priority, the reliability and stability of the patent are relatively better. If there is infringement, there is usually a greater chance of winning.