The main content of priority is that if an applicant applies for a patent for invention or utility model for the first time in a foreign country within twelve months, or applies for a patent for design for the first time in a foreign country within six months, and applies for a patent on the same subject in China, he can enjoy 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 former is foreign priority and the latter is domestic priority, which is different in the applicable patent types and application places. The practical significance of priority is to take the date of the first patent application as the time standard for judging novelty. The date of the first application is called the priority date, and the above-mentioned specific period is called the priority period. Where the applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority. When the first application is abandoned or rejected, its priority still exists. Priority can be assigned, that is, it can be assigned together with the right to apply for a patent.
For example, if A applied for an invention patent in the United States on June 365438+1October 0, 2006, and he applied for a patent on the same subject in China on June 20, 2007, according to the agreement signed between the United States and China, or the international treaties to which * * * participated, or according to the principle of mutual recognition of priority, China applied for it in the United States. That is, 65438+1October 3 1 day. If someone applied for a patent on the same subject in China from June 65438+1October 3/2006 to June 65438+1October 20, 2007, the Chinese Patent Office will not accept it. This is the focus of diplomacy.
As for domestic priority, in the same way, I won't give examples here, I believe you can understand.