Legal analysis: Distinguishing domestic priority from foreign priority mainly includes the following four aspects:
(1) Different scopes of priority: foreign applicants can claim for inventions or Utility models and designs shall enjoy priority if they file a patent application for the same subject in China after the first application in a foreign country.
(2) Priority rights are enjoyed by different subjects: foreign priority rights are enjoyed by foreign citizens, and domestic priority rights are enjoyed by domestic citizens.
(3) Different sources of rights: Foreign priority rights come from agreements signed by foreign countries with China or international treaties to which both countries participate, while domestic priority rights are based on our country’s "People’s Republic of China" The provisions of the Patent Law of the People's Republic of China grant priority to qualified applicants.
(4) The purpose of setting priority is different: foreign priority provides convenience for international patent applications and protects the interests of foreign patentees in a timely and effective manner; domestic priority is mainly to facilitate the application during the priority period. The increase in technical solutions provides conditions for the conversion of different types of patents and protects the interests of domestic citizens.
Legal basis: Article 31 of the "Implementing Rules for the Patent Law of the People's Republic of China". The applicant requires a foreign patent application in accordance with Article 30 of the "Patent Law of the People's Republic of China". If the application has priority, the copy of the earlier application documents submitted by the applicant shall be certified by the original acceptance agency. In accordance with the agreement signed between the patent administration department of the State Council and the acceptance agency, if the patent administration department of the State Council obtains a copy of the prior application document through electronic exchange or other means, the applicant shall be deemed to have submitted a copy of the prior application document certified by the acceptance agency. If the applicant claims the priority of his or her country and states the filing date and application number of the earlier application in the request, it shall be deemed that a copy of the earlier application document has been submitted.