Domestic priority refers to the patent applicant's invention or creation of things with the same theme, or utility model, and he can enjoy this priority if he files a patent application again in his country within 12 months from the date of the first patent application in his country. However, the design patent is not included in the domestic priority.
International priority refers to the patent applicant's first application for invention-creation or utility model abroad. Within 12 months from the date of this application, it should be noted that it takes six months to file an application for a patent for design for the first time in a foreign country, and inventions with the same theme are also filed in China. According to the relevant agreements signed between the foreign country and China, or the relevant international treaties to which the foreign country is a party, or the principle of mutual recognition of priority, the foreign country may enjoy priority.
Introduction of patent priority
The main content of priority is that if an applicant applies for a patent for invention or utility model for the first time in a foreign country within twelve months, or applies for a patent for design for the first time in a foreign country within six months, and applies for a patent on the same subject in China, he can enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which he is a party, or according to the principle of mutual recognition of priority.
An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority. The former is foreign priority and the latter is domestic priority, which is different in the applicable patent types and application places.