How does the law stipulate the right of prior use of patents?

The right of prior use refers to the right that someone has made the necessary preparations for manufacturing or using before applying for a patent. After the applicant's patent rights are approved, the above-mentioned person can still continue to manufacture or use within the original scope. How does the law stipulate the right of prior use of patents? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

How the law stipulates the right of prior use of patents

"Patent Law"Article 29 Within twelve months from the date when the applicant first files a patent application for the invention or utility model in a foreign country, or If a patent application for a design is filed for the same subject in China within six months from the date of first filing a patent application in a foreign country, the foreign country shall file a patent application for the same subject matter in China in accordance with the agreement signed by the foreign country and China or an international treaty both parties are a party to, or in accordance with the mutual recognition of priority. According to the principle of rights, priority can be enjoyed.

If the applicant files another patent application for the same subject with the Patent Administration Department of the State Council within twelve months from the date of first filing a patent application for an invention or utility model in China, the applicant may enjoy priority.

Article 30 If the applicant claims priority, A written statement must be made at the time of application and a copy of the first patent application document submitted within three months; if a written statement is not made or a copy of the patent application document is not submitted within the time limit, it shall be deemed that priority has not been claimed.

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