Priority principle of patent application

Patent priority refers to the patent applicant filing a patent application for his invention and creation in a country for the first time, and then filing a patent application for the same theme for his invention and creation within the statutory time limit. According to the relevant laws and regulations, the date of the first patent application is regarded as the filing date of his later application, and this right enjoyed by the patent applicant according to law is the 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.

Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed between that country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority.

Patent priority can be divided into domestic priority and international priority.

1. Domestic priority

Domestic priority, also known as "domestic priority", means that the patent applicant applies for a patent for an invention or utility model with the same theme for the first time in China within 12 months, and can enjoy priority. In China's priority system, design patents are not included.

2. International priority

International priority, also known as "foreign priority", means that the patent applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China. According to the agreement signed between the foreign country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority, he can enjoy priority.

An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority.