The priority of patent application means that after the patent applicant filed a patent application for his invention for the first time, he filed a patent application for the invention-creation with the same theme within the time limit stipulated in the patent law, and the date of filing the next patent application is the date of filing the first patent application. This right enjoyed by the applicant according to the patent law is called patent application priority. The main function of priority is to make the patent applicant have enough time to consider whether to apply for a patent abroad after the first patent application. If he applies for rights abroad, he still has enough time to choose a patent application agency and go through all necessary formalities. Applicants can also use this time to improve their patent applications without worrying about being preempted by others and losing their rights within the time stipulated in the patent law.
Legal basis:
Article 29 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed by the foreign country with China or the international treaty to which * * * 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.