The right of prior use means that before the patentee files a patent application for an invention, if another inventor is already making the same product or using the same method, or has made the necessary preparations for making and using it. , the law allows it not to be restricted by the exclusive rights of the patentee, and it still has the right to continue to make or use the invention within the original scope. The premise for the application of the right of prior use is that two or more inventors or units independently completed the same invention, and one of them obtained the patent right, and the other did not obtain the patent right due to failure to apply or late application. The conditions for enjoying priority are: , another inventor has made the same product or used the same method before the applicant filed the application, or has made necessary preparations for making or using it, and such use does not constitute public use. The right of priority is implemented to protect the lowest interests of inventors who do not have patent rights in the same invention.
Patent priority can be divided into domestic priority and international priority.
1. Domestic priority
Domestic priority, also known as "domestic priority", refers to the first time a patent applicant files an invention or utility model with the same subject in China. If you submit a patent application to the Patent Office of the State Intellectual Property Office of my country within 12 months from the date of filing the patent application, you can enjoy priority. Design patents are not included in my country’s priority system.
2. International priority
International priority, also known as "foreign priority", is the first time a patent applicant files for the same invention or utility model in a foreign country. If another patent application is filed in China within 12 months from the date of patent application, or within 6 months from the first patent application filed in a foreign country for the same design, China shall treat it as the first patent application filed in a foreign country. The date of application is the filing date, and the filing date is the priority date.