What does it mean to claim priority in the column of the application for an invention patent?

The main content of the priority right is that the applicant invents or utility models himself.

Filing a patent application for the first time in a foreign country.

If a patent application for the same subject matter is filed in China within 12 months from the date of filing of the first patent application for a design in a foreign country, the right of priority may be enjoyed 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.

The practical meaning of priority is that the date of the first filing of the patent application is the time criterion for judging the novelty, and the date of the first application is called the priority date, and the specific period mentioned above is called the priority period. If the applicant claims priority, he or she shall submit a written statement at the time of application and a copy of the documents of the first patent application filed 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. When the first application is abandoned or refused, its priority remains.

The right of priority is assignable, i.e. it can be assigned together with the right to apply for a patent.

If you've applied for the same subject matter before, you can use the priority of that patent for 12 months, and if this is your first application, you shouldn't have to fill it out.

You need to select this, and then fill in the patent number and filing date of the priority basis.

Patent priority can be divided into national and international priority.

1.Domestic priority filial piety.

Domestic priority, also known as "national priority", refers to the right of priority if a patent applicant files another patent application in this country within 12 months from the date of the first patent application for an invention or utility model of the same subject matter in China. National priority does not include design patents.

2.International Priority.

International priority, also known as "foreign priority", provides 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.

1. Use of Rights.

According to the relevant provisions of the Patent Law and the Detailed Rules for the Implementation of the Patent Law, 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.

If the applicant claims the priority of the country, and the earlier application is an invention patent application, he may file an application for a patent for invention or utility model on the same subject matter; If the earlier application is a utility model patent application, a utility model or invention patent application may be filed on the same subject matter. provided, however, that at the time of filing the latter application, the subject matter of the earlier application shall not be used as a basis for claiming national priority if the subject matter of the earlier application falls under any of the following circumstances:

1) A foreign priority or a domestic priority has been claimed;

2) a patent has already been granted;

3) It is a divisional application filed in accordance with the provisions.

In China's law, the use of priority of invention patents is very clear, especially for the use of domestic priority and international priority, which can be determined and handled according to the specific circumstances of invention patents, and the specific circumstances of invention patents can be dealt with, so as to avoid illegal acts caused by errors in the application of law.

Answer]: (a) According to Article 30 of the Patent Law, if the applicant claims priority, he shall make 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.

Write the claims of the patent first, or write the description first, and look at the bridge and laugh at everyone's habits. It is generally customary to write the claims first, have a skeleton, and then write a description to enrich the content around the skeleton. There are also people who like to write a description first and then outline the claims.

It's all right. The claim is the most critical and the most difficult part.

Article 4(a)(1) of the Paris Convention stipulates that "any person or successor to a person duly applying for the registration of an invention patent, utility model or design in any country of the Union shall, for a certain period of time (known as the 'priority period'), file an application for the same content in another member state of the Union (the "patent filing date") from the initial filing date (known as the 'priority date'). ”

1. Effect on the priority date.

The priority date is used as the time criterion for judging the novelty and inventive step of a patent application, so that a patent application filed by another person on the same subject matter within the priority period is not patentable.

After the priority date, the publication or public use of an invention, utility model or design that is the subject matter of the first application, whether done by the applicant himself or by a third party, does not impair the novelty and inventive step of the patent application that was subsequently filed and enjoys priority, nor does it give rise to any rights for third parties.

It would also be convenient for the applicant to claim national priority, which could be used to consolidate several earlier applications into a single later application subject to uniformity.

The applicant can convert the patent application and the utility model patent application between the patent application and the utility model patent application within the priority period.

Second, the conditions are met.

Abroad. a.The priority date must be the date of the first application filed in the foreign country, and the date of the second, third, etc. application cannot be used as the basis for claiming priority.

b.The right of priority applies only to the content of the first patent application for invention-creation.

c.The applicant who files an application for the first time in a foreign country must be the same person as the applicant who filed the application in China in order to claim priority. The same applicant includes the successor of the applicant's rights.

d.The application must be filed in China within the priority period (within 12 months from the filing date of the first application in a foreign country for inventions and utility models, and within 6 months for designs).

In daily life, we can often see that our country has a latest filing date for invention patent applications, and whoever applies first can obtain the exclusive right to use the relevant patent, of course, the priority is also stipulated in the relevant international regulations on intellectual property rights, and it is necessary to meet certain conditions to enjoy this priority.