What is the priority of patent application?

The priority of patent application refers to the right of the patentee to file a patent application for his invention and creation in a certain country for the first time in accordance with the patent law, and then file a patent application repeatedly in China with a patented work with the same theme, with the date of the first patent application as the filing date.

legal ground

/kloc-article 29 of the patent law of People's Republic of China (PRC), which came into effect on June, 0.

An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or 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, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.

Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.