On the Priority Principle of Patent

The principle of patent priority means that an applicant from any member country applies for trademark registration in another member country within 6 months after the first application for trademark registration, and other member countries take the date of the applicant's first application as the application date, that is, enjoy priority. Article 9 of the Patent Law Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.