Priority principle of patent application

Legal analysis: the principle of prior patent application is the symmetry of the principle of prior invention. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. An invention-creation with the same content can only be granted a patent right within a country. In most countries, in this case, the patent right is granted to the first applicant.

Legal basis: Article 9 of the Patent Law of People's Republic of China (PRC). The same invention can only be granted a patent right. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.

Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.