1. claiming foreign priority or domestic priority;
2. The patent right has been granted;
3. It belongs to the divisional application as required.
Where the applicant claims domestic priority, the earlier application shall be deemed to have been withdrawn from the date of filing the later application.
The new detailed rules for the implementation of the Patent Law have revised the conditions for enjoying domestic priority, and changed the second paragraph of Article 33 of the detailed rules for the implementation of the Patent Law from "the earlier application shall not be used as the basis for claiming domestic priority" to "the subject matter of the earlier application shall not be used as the basis for claiming domestic priority". "Prior application" and "subject of prior application" are two different concepts. Under the condition of oneness, a prior application can contain multiple subjects. For example, the theme of the earlier application is A, and the earlier application contains theme A and theme B. Theme A and theme B belong to a general inventive concept and meet the requirements of oneness. Theme A claims the priority of the earlier application. For theme B, the latter application is the first application of theme B, and then the applicant submits a second follow-up application, demanding the priority of theme B in the first follow-up application. At this time, for the second post-application, the first post-application is a "prior application", which includes subject A and subject B. If it is stipulated that "the prior application shall not be used as the basis for claiming domestic priority when the post-application is filed", the second post-application of subject B cannot enjoy priority because its "prior application" has claimed priority, which is unfair to subject B..