Explanation: claiming priority means that the applicant requests the patent office to enjoy priority on the basis of its earlier patent application according to the provisions of Article 29 of the Patent Law. The applicant's claim for priority shall comply with Articles 29 and 30 of the Patent Law, Articles 31 and 32 of the Detailed Rules for the Implementation of the Patent Law and the relevant provisions of the Paris Convention.
Priority is divided into domestic priority and foreign priority.
right of priority
Where an applicant files an application in China within 12 months from the date when he first filed a patent application for an invention or utility model with the same theme in a foreign country, or within 6 months from the date when he first filed a patent application for a design with the same theme in a foreign country, he may enjoy the priority according to the agreement signed between the country and China or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority. This priority is called foreign priority.
Applicants who file an application for a patent for invention or utility model for the first time in China with the same theme within 12 months, and file an application for a patent for invention or utility model with the Patent Office on the basis of an application for utility model, may enjoy priority. This priority is called domestic priority.
Question 1: claiming domestic priority
Policies and regulations: Patent Examination Guide 20 10 Edition
Explanation: Article 32 of the Patent Examination Guide stipulates the following about claiming domestic priority:
Domestic priority
Question 2: claiming foreign priority
Policies and regulations: Patent Examination Guide 20 10 Edition
Explanation: Articles 31 and 33 of the Guidelines for the Examination of Foreign Priority Patents stipulate as follows
Foreign priority
Foreign priority
Extended data:
laws and regulations
1, China National Intellectual Property Administration-a guide to patent examination (revised 20 10).
2. Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law (Revised Edition 20 10)