Patent is required to apply for, then for the Patent Application Priority is how? How should we recognize it? Legal savior editorial for you to answer, I hope to help you, take a look.
Patent application priority
The Patent Law of the People's Republic of China, article 29, article 30 puts forward the priority of patent application, priority is divided into patent international application priority and patent domestic application priority.
Priority of patent application means that after the patent applicant has filed a patent application for the first time in respect of his invention or creation, he shall file another patent application in respect of the invention or creation of the same subject matter within the time limit prescribed by the Patent Law, and the date of the first patent application shall be the date of filing of the patent application filed for the subsequent patent application. This right, which the applicant is entitled to under the Patent Law, is called the priority of patent application.
The main role of priority is to make the patent applicant for the first time after filing a patent application, there is enough time to consider whether the patent to apply for Foreign patent Rights, if the right to apply for foreign countries, there is still enough time to choose the patent agency, for a variety of necessary procedures, the applicant can also use this time to apply for their own patents for improvement without worrying about in the time specified in the Patent Law by others to preempt the patent and lose the right. The applicant can also use this time to improve his patent application without worrying about losing his rights to others within the time limit of the patent law.
Legal Savior
The time limit stipulated in the Patent Law is also known as the priority time limit, such as Article 29 of the Patent Law, which stipulates that "If the applicant files a patent application in a foreign country within twelve months from the date of the first filing of the patent application for an invention or a utility model, or files a patent application for a design on the same subject matter in a foreign country within six months from the date of the first filing of the application for a design in a foreign country, the applicant shall be entitled to apply for a patent within twelve months from the date of the first filing. In the Provisions of the "within twelve months", "within six months" is the statutory priority period.
The above is the answer to the relevant questions, if you need further legal knowledge, welcome to enter the legal savior for legal advice.
