Legal analysis
Patent priority refers to the patent applicant filing a patent application for his invention and creation in China within the statutory time limit after filing a patent application in a country for the first time. According to the relevant laws and regulations, the date of the first patent application is regarded as the filing date of his later application, which is the right that the patent applicant enjoys according to law. 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. Design patent refers to a new design that is aesthetically pleasing and suitable for industrial application, which is based on the shape, pattern or combination of products and the combination of color and shape and pattern. Design refers to the design of industrial products, which is the style of industrial products. Design can also apply for a patent, and then apply for patent priority. Generally, patent priority has a time limit, while the application period for design and trademark is 6 months, and the application period for invention patent and utility model is 12 months. The above period is counted from the date of the first application, and the date of application is not counted in the period. If the last day of the deadline is the date of requesting protection, and the national legal holiday or the competent authority fails to file an application on that day, the deadline shall be extended to the first working day thereafter.
legal ground
Article 30 of the Patent Law of People's Republic of China (PRC) Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of filing the first application. Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months. Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.