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. When understanding patent priority, we should pay attention to: 1. Priority is a subsidiary right of patent application right, without which there is no priority. 2. Only after the patent applicant files a patent application can the patent application right have priority. 3. Priority has strict time limit, that is, priority is only valid within the priority period stipulated by law, and it is invalid after expiration. 4. Where the two applications filed by the patent applicant are in the same country, the priority enjoyed by the patent applicant is domestic priority; If it is in different countries, it is foreign priority. 5. Priority cannot be automatically generated, that is, if the patent applicant requests priority when filing the latter application, he must file an application for priority at the same time as filing the latter application, and submit the corresponding valid certification documents as required, and the priority can only be generated after passing the examination. 6. The latter application claiming priority must have the same theme as the earlier basic application, but the theme of the latter application can be the improvement of the earlier basic application.
Legal objectivity:
According to the provisions of Article 29 of the Patent Law, if an applicant files a patent application for an invention or utility model in China within 12 months from the date when a foreign country first filed a patent application, or within 6 months from the date when a foreign country first filed a patent application for a design, he may enjoy the priority 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.