Legal analysis: Intellectual property rights: The principle of priority originates from the Paris Convention for the Protection of Industrial Property signed in 1883. The purpose is to facilitate nationals of contracting countries to apply for patents or trademarks in other contracting countries after filing them in their own country. The so-called "right of priority" means that after the applicant files an application for the first time in a contracting country, he can apply for protection in other contracting countries within a certain period on the same subject. filed on the filing date of the application. In other words, within a certain period, subsequent applications filed by the applicant enjoy priority status compared with applications filed by others on the same subject after the date of the first filing. This is the origin of the term priority.
Priority is divided into foreign priority and domestic priority. The so-called foreign priority right refers to the period within 12 months from the date when the applicant first files a patent application for the invention or utility model in a foreign country, or within 6 months from the date when the applicant first files a patent application for a design in a foreign country, and If a patent application is filed in China on the same subject, the foreign country may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are party, or in accordance with the principle of mutual recognition of priority, that is, based on the first application in the foreign country. The date of filing the application is the filing date. Its principles are also applicable to Chinese applicants filing patent applications in foreign countries. The so-called domestic priority means that if the applicant files another patent application for the same subject with the Patent Office within 12 months from the date of first filing a patent application for an invention or utility model in China, he or she can enjoy priority. Designs do not enjoy national priority.
Legal basis: "Patent Law of the People's Republic of China" Article 29 Within twelve months from the date of first filing a patent application for an invention or utility model in a foreign country, the applicant shall Or if a patent application is filed for the same subject in China within six months from the date when the design was first filed in a foreign country, in accordance with the agreement signed by the foreign country with China or an international treaty to which China is a party, or Priority may be enjoyed in accordance with the principle of mutual recognition of priority.
Within twelve months from the date the applicant first files a patent application for an invention or utility model in China, or within six months from the date a design first files a patent application in China , and files a patent application for the same subject with the Patent Administration Department of the State Council, it can enjoy priority.