I think that without using the right of priority, since the domestic patent application date is earlier than the publication date of the foreign patent application, the foreign patent application will definitely not affect the creativity of the domestic patent; the point is that the foreign patent will Whether it constitutes a conflicting application with a domestic patent application. At this point, I think that since patent protection is geographically differentiated, and from the purpose of establishing the patent law, foreign patent applications should not affect the novelty of the domestic application and do not constitute a conflict. application, that is, it will not affect the novelty of the domestic application. Therefore, even if the domestic invention patent is invalidated, in theory, the content of the foreign patent should not be recognized for the assessment of the novelty and inventiveness of the domestic patent.
However, if foreign patents use priority rights to enter China, it will have an impact on the stability of domestic patent rights.