What is the right of first use of the patent?
The right of first use refers to an invention-creation in which another inventor has made the same product or used the same method before the patentee filed a patent application, or has made necessary preparations for the manufacture and use, and the law allows him to continue to manufacture or use it within the original scope without being restricted by the patentee's exclusive right. The prerequisite for applying for the right of first use is that two or more inventors or units have independently completed the same invention-creation, one of which has obtained the patent right, while the other inventor has not obtained the patent right because he did not apply or applied too late. The condition of priority is that other inventors have made the same product or used the same method before the applicant filed the application, or have made necessary preparations for manufacture or use, and such use does not constitute public use. The implementation of priority aims at protecting the lowest interests of inventors who have no patent right for the same invention. Patent priority can be divided into domestic priority and international priority. 1. Domestic Priority Domestic priority, also known as "domestic priority", means that a patent applicant can enjoy priority by filing a patent application with the Patent Office in China National Intellectual Property Administration, China within 12 months from the date of filing a patent application for an invention or utility model with the same theme abroad. In China's priority system, design patents are not included. 2. International Priority International priority, also known as "foreign priority", means that a patent applicant files a patent application in China within 12 months from the date of filing a patent application for the same invention or utility model for the first time in a foreign country, or within 6 months from the date of filing a patent application for the same design for the first time in a foreign country, and China takes the date of filing a patent application for the first time in a foreign country as the priority date.