Patent rights with priority How is the period calculated?
The priority period for invention and utility model patent applications is twelve months. Patent priority means that after a patent applicant files a patent application for his invention and creation in a certain country for the first time, and then files a patent application for an invention and creation with the same theme in China within the statutory period, according to relevant laws and regulations, his subsequent application Taking the date of the first patent application as the filing date, the right enjoyed by the patent applicant in accordance with the law is the right of priority.
Legal basis: Article 29 of the Patent Law
Applicant’s self-invention Or within twelve months from the date when a patent application for a utility model was first filed in a foreign country, or within six months from the date when a design was first filed in a foreign country, a patent application was filed in China for the same subject matter. , can enjoy priority in accordance with the agreement signed by the foreign country and China or the international treaty to which they are both parties, or in accordance with the principle of mutual recognition of priority.
The applicant shall, within twelve months from the date of first filing a patent application for the invention or utility model in China, submit another application for the same subject matter to the Patent Administration Department of the State Council. Those who file a patent application can enjoy priority.
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