What is the priority of a patent application? What is the priority of a patent application

The priority principle is one of the principles of patent application. This includes foreign priority and domestic priority. The main content of the priority right is that if the applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for the invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of priority.

If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, he or she may enjoy the right of priority. The former is a foreign priority and the latter is a domestic priority, and both are different in terms of the type of patent applied and the place of application. For example, if A applied for an invention patent in the United States on October 31, 2006, and he filed a patent application in China on October 20, 2007 for the same subject matter, China will take the date of his application in the United States, i.e., October 31, 2006, as the date of his application to China, in accordance with the agreement signed between the United States and China or the international treaty to which he is a party, or in accordance with the principle of mutual recognition of priority, if the period is between October 31, 2006 and October 20, 2007. Someone applies for a patent in China on the same subject matter, but the CNIPA does not grant it.

Legal basis: Article 29 of the Patent Law of the People's Republic of China If an applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for an invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which he or she is a party, or in accordance with the principle of mutual recognition of priority. If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, he or she may enjoy the right of priority.

Patent priority refers to the right that a patent applicant files a patent application in China for an invention-creation with the same subject matter within the statutory time limit after filing a patent application for his invention-creation in a certain country for the first time, and according to the relevant laws and regulations, the date of the first patent application is taken as the filing date of the subsequent application, and the patent applicant enjoys such right in accordance with the law is the right of priority. The purpose of patent priority is to exclude those who have copied the patent in other countries, and it is possible to file an application and obtain registration first.

1. Classification of the priority of patent applications.

1. Domestic priority.

Domestic priority, also known as national priority, means that a patent applicant may enjoy priority if he or she files another patent application in this country within 12 months from the date of the first patent application for an invention or utility model with the same subject matter. National priority does not include design patents.

2. International priority.

International priority, also known as foreign priority, is that if a patent applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for an invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which he is a party, or in accordance with the principle of mutual recognition of priority.

2. Time limit for applying for patent priority.

The priority application period is 12 months for invention patents and utility models, and 6 months for design and trademark applications. The above-mentioned time limit is calculated from the date of the first application, and the day on which the application is made is not counted in the time limit. If the last day of the deadline falls on an official holiday of the State for which protection is sought or if the competent authority does not process the application on that day, the deadline shall be extended to the first working day thereafter.

If an application with the same content as the first application is subsequently filed in the same country, the subsequent application shall be considered the first application if the previous application has been withdrawn, abandoned or refused, has not been made available for public review, has not left any undetermined rights and has not been the basis for claiming priority. The date of filing should be the commencement period of the priority period, and the previous application could not be the basis for claiming priority.

If a design application is filed in one country under the priority based on a utility model application, the priority period shall be the same as that specified for the design; It is also permissible to file a utility model application in one country with priority based on an application for invention in one country, and vice versa, subject to the time limit of the application after the time limit for filing a priority application.

The right of priority of patent application refers to the right enjoyed by the patent owner in accordance with the Patent Law to file a patent application for his invention or creation for the first time in a certain country, and then repeatedly file a patent application in China with a patented work of the same subject, and the date of the first patent application is used as the filing date of the subsequent application.

[Legal basis].Article 29 of the Patent Law of the People's Republic of China, which came into effect on June 1, 2021.

If the applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for the invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of the right of priority.

If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, or within six months from the date of the first patent application for a design in China, the applicant may enjoy the right of priority.

The right of priority of patent application refers to the right enjoyed by the patent owner in accordance with the Patent Law to file a patent application for his invention or creation for the first time in a certain country, and then repeatedly file a patent application in China with a patented work of the same subject, and the date of the first patent application shall be used as the filing date of the subsequent application.

[Legal basis].Article 29 of the Patent Law of the People's Republic of China.

If the applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for the invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of the right of priority.

If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, or within six months from the date of the first patent application for a design in China, the applicant may enjoy the right of priority.

Legal Analysis: The priority of patent application refers to the right of the applicant to take the date of the first application as the date of the subsequent application when the applicant applies for an invention in one contracting state and then applies to other contracting states within a certain period of time.

Legal basis: Article 29 of the Patent Law of the People's Republic of China.

If the applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for the invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of the right of priority.

If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, or within six months from the date of the first patent application for a design in China, the applicant may enjoy the right of priority.

Legal analysis: The priority of a patent application refers to the filing date of a patent application for the first time in which a patent applicant files a patent application for an invention-creation in respect of the same subject matter within the time limit specified in the Patent Law, and the date of the first patent application is the filing date of the subsequent patent application.

Legal basis: Article 30 of the Patent Law of the People's Republic of China Where the applicant claims priority, he or she shall submit a written statement at the time of application and submit a copy of the documents of the first patent application within three months; If a person fails to submit a written declaration or fails to submit a copy of the patent application within the time limit, it shall be deemed that priority has not been claimed.