According to the relevant provisions of the Patent Law and the detailed rules for the implementation of the Patent Law, if 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 can enjoy the priority according to the agreement signed between the foreign country and China or the international treaties to which he is a party, or according to the principle of mutual recognition of 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.
The applicant claims domestic priority, and if the earlier application is an application for a patent for invention, he may file an application for a patent for invention or utility model on the same subject; Where the earlier application is an application for a patent for utility model, an application for a patent for utility model or invention may be filed on the same subject. However, when the latter application is filed, if the subject matter of the former application is under any of the following circumstances, it shall not be used as the basis for claiming domestic priority:
(1) claiming foreign priority or domestic priority;
(2) The patent right has been granted;
(3) It is a divisional application filed in accordance with regulations.
Where the applicant claims domestic priority, the earlier application shall be deemed to have been withdrawn from the date of filing the later application.
Second, the provisions of the patent priority date (a) abroad
1, the priority date must be the date of the first application in a foreign country, and the date of the second or third application cannot be used as the basis for claiming priority.
2. The priority only applies to the content of the invention-creation patent applied for for the first time.
3. The applicant who applies for the first time in a foreign country should be the same as the applicant who applied in China before he has the right to claim priority. The same applicant includes the heir to the applicant's rights.
4. The application must be filed in China within the priority period (the first application for inventions and utility models in foreign countries is within 12 months, and the design is within 6 months).
(2) Domestic
Paragraph 2 of Article 29 of China's Patent Law stipulates that "an applicant who files an application for a utility model or a patent for invention with a patent for invention or utility model to the patent administration department of the State Council within 12 months from the date when the invention or utility model is first filed in China can enjoy domestic priority.
Third, the patent priority date meets the requirements (1) abroad.
(1) The priority date must be the date of the first application in a foreign country, and the date of the second or third application cannot be used as the basis for claiming priority.
(2) The priority only applies to the content of the first application for a patent for invention-creation.
(3) The applicant who filed the application for the first time in a foreign country should be the same person as the applicant who filed the application in China before he has the right to claim priority. The same applicant includes the heir to the applicant's rights.
(4) The application must be filed in China within the priority period (the invention and utility model shall be filed within 12 months from the date of the first application abroad, and the design shall be filed within 6 months).
(2) Domestic
Paragraph 2 of Article 29 of China's Patent Law stipulates that "an applicant who files an application for a utility model or a patent for invention with a patent for invention or utility model to the patent administration department of the State Council within 12 months from the date when the invention or utility model is first filed in China can enjoy domestic priority.
When claiming domestic priority, we should pay attention to the following issues:
After (1), the applicant who applied for domestic priority is the same as the applicant who applied first. "The same person" includes the heir or successor of the applicant.
(2) The provisions of domestic priority only apply to inventions or utility models, not to designs.
(3) Like foreign priorities, domestic priorities may require one or more priorities or partial priorities.
(4) Where domestic priority is claimed, when the latter application is filed, the former application shall be deemed to have been withdrawn.
(5) when multiple domestic priorities are claimed, several items can be combined in parallel to claim domestic priorities; It is impossible to demand domestic priority on the basis of vertical interdependence.
The above is the relevant knowledge for you. I believe that through the above introduction, you will have a better understanding of the relevant knowledge of "what is the meaning of patent priority day".