A question about patent priority

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.

Yes, there can be more than one priority of a patent, so the example you gave is reasonable, there are 2 priority numbers, and the priority date is different.

In patents, some time limits are calculated based on the earliest priority date, and some involve different areas of protection, calculated according to the priority date of the corresponding priority document.

But from what you said, if you just want to count the number of patent applications per year, you can just use the filing date instead of the priority date.

Hope it helps!

A patent can claim more than one priority. A patent has multiple claims, and different claims may come from different patent priorities, because the priority is based on the technology recorded in the original patent, because the original patent does not necessarily completely record all the technology of the patent, therefore, if you want to make multiple technologies in the present application claim priority, you must claim multiple priorities.

If you do your analysis, you can see which patent discloses the content of the independent claims of your patent, and then use which priority time to analyze.

It is recommended to analyze the filing date in the actual filing area, and if you analyze the priority of the year you apply for, it will also involve the technical solution of protection in that priority of your technical problem.

A simple example: an invention patent has method A and scheme B in it. Therefore, A and B can enjoy different priority dates. I don't know what to say, do you understand?

The principle of priority in the Patent Law: 1) Determine the ownership of the right of the invention and creation through legal procedures, so as to effectively protect the results of the invention and create a monopoly on the market, in exchange for the greatest benefits; 2) In order to take the initiative in market competition, ensure the safety of their own production and sales, and prevent their opponents from suing themselves for infringement with patents (suffering high economic compensation and forcing themselves to stop production and sales); 3) The patent right is protected by the national patent law, and no unit or individual can use it without the consent of the patentee (sue others for infringement of the patent right and claim compensation); 4) Apply for patents for their own inventions and creations in a timely manner, so that their inventions and creations can be protected by national laws, and prevent others from imitating new technologies and new products developed by the enterprise (constituting technical barriers, others must obtain the consent of the patentee if they want to develop similar technologies or products); 5) If you do not apply for a patent for your invention or creation in time, someone else will file a patent application for the fruits of your labor, and in turn sue the court or patent administration agency for infringing the patent right; 6) It can promote the upgrading of products, improve the technical content of products, improve the quality of products, reduce costs, and make the company's products invincible in market competition; 7) If an enterprise has multiple patents, it is the embodiment of the strong strength of the enterprise, and it is an intangible asset and intangible propaganda (enterprises with independent intellectual property rights are not only powerful enterprises that consumers flock to, but also the main target group supported by various policies), the 21st century is the era of knowledge economy, and the future competition of the world is the competition of intellectual property rights; 8) Patented technology can be used as a commodity), which is more legal and economic benefits than a simple technical retort or let, so as to achieve the realization of its economic value; 9) Good effect of patent publicity; 10) Avoid the embarrassment of removing exhibits from the exhibition; 11) The state has certain support policies for patent applications (such as the patent incentive policy promulgated by **, as well as the high-tech enterprise policy, etc.), and will give some policy and economic help;

The principle of priority in the Patent Law: 1) Determine the ownership of the right of the invention and creation through legal procedures, so as to effectively protect the results of the invention and create a monopoly on the market, in exchange for the greatest benefits; 2) In order to take the initiative in market competition, ensure the safety of their own production and sales, and prevent their opponents from suing themselves for infringement with patents (suffering high economic compensation and forcing themselves to stop production and sales); 3) The patent right is protected by the national patent law, and no unit or individual can use it without the consent of the patentee (sue others for infringement of the patent right and claim compensation); 4) Apply for a patent for your own invention and creation in a timely manner, so that your own invention and creation can be protected by national law, and prevent others from imitating new technologies and new products developed by the enterprise (constituting technical barriers, others must obtain the consent of the patentee if they want to develop similar technologies or products); 5) If you do not apply for a patent for your invention or creation in time, someone else will file a patent application for the fruits of your labor, and in turn sue the court or patent administration agency for infringing the patent right; 6) It can promote the upgrading of products, improve the technical content of products, improve the quality of products, reduce costs, and make the company's products invincible in market competition; 7) If an enterprise has multiple patents, it is the embodiment of the strong strength of the enterprise, and it is an intangible asset and intangible propaganda (enterprises with independent intellectual property rights are not only powerful enterprises that consumers flock to, but also the main target group supported by various policies), the 21st century is the era of knowledge economy, and the future competition of the world is the competition of intellectual property rights; 8) Patented technology can be used as a commodity), which has more legal and economic benefits than simple technology transfer, so as to achieve the realization of its economic value; 9) Good effect of patent publicity; 10) Avoid the embarrassment of removing exhibits from the exhibition; 11) The state has certain support policies for patent applications (such as the patent incentive policy promulgated by **, as well as the high-tech enterprise policy, etc.), and will give some policy and economic help;

Patent priority refers to the right of priority of a patent applicant who files a patent application for the invention or creation in a certain country within the statutory time limit after filing a patent application in a certain country for the first omission of his invention-creation, and then takes the date of the first patent application as the filing date of the subsequent application, and the right enjoyed by the patent applicant in accordance with the law is the right of priority. Article 29 of the Patent Law provides that 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 is a party, or in accordance with the principle of mutual recognition of priority.

It should be noted that the right of priority of a patent is not a right of prior use of a patent.

Patent priority can be divided into domestic priority and international priority.

Domestic priority refers to the right of priority if a patent applicant files a patent application with the Patent Office of the State Intellectual Property Office of China within 12 months from the date of the first patent application for an invention or utility model in a foreign country with respect to an invention or utility model with the same subject matter. Design patents are not included in China's priority system.

International priority means that if a patent applicant files a patent application in China within 12 months from the date of the first patent application in a foreign country for the same invention or utility model, or within six months from the date of the first patent application in a foreign country for the same design, China shall take the date of filing the patent application for the first time in a foreign country as the filing date, and the filing date shall be the priority date.

Article 30 of the Patent Law stipulates that if the applicant claims priority, he shall submit a written statement at the time of application and submit a copy 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.

Legal Analysis: Patent priority refers to the fact that after the patent applicant files a patent application for the first time in a certain country for his invention and creation, within the statutory time limit, he files a patent application for the invention or creation with the same subject matter in China, 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 right enjoyed by the patent applicant in accordance with the law is the priority right.

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, 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.

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. What is the principle of priority?

The principle of priority refers to the fact that an applicant in any one member state applies for trademark registration in a member state.

1. If Zheng Xunlun files the same application with other member states within a few months, the other member states shall have priority, i.e., the date on which the applicant first filed the application;

2. If the applicant files a patent application for the same subject matter in China within two 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 and China are jointly acceded or the principle of mutual recognition of priority.

2. What are the aspects of the effectiveness of the right of priority?

The effectiveness of the right of priority is manifested in the following aspects:

1. Make the patent application filed by another person for the same subject matter within the priority period not patentable;

2. After the priority date, the publication or use of an invention, utility model or design with the same subject matter as the first application, whether made by the applicant himself or by a third party, will not claim to have prejuded the novelty and inventiveness of the patent application filed later and enjoy the priority right, nor will it bring any rights to the third party.

The law stipulates that 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 the foreign country is a party, or in accordance with the principle of mutual recognition of the right of priority.