The difference between national priority and foreign priority
Distinguish between domestic priority and foreign priority, mainly including the following Four aspects:
(1) Priority includes The scope is different: foreign applicants can file patent applications for inventions, utility models, and designs in China on the same subject after the first application in a foreign country, and enjoy priority.
(2) Priority holders are different: foreign countries Priority rights are enjoyed by foreign citizens, and domestic priority rights are enjoyed by domestic citizens.
(3) Different sources of rights: foreign priority It comes from agreements signed between foreign countries and China or international treaties that they both participate in, while domestic priority is granted to qualified applicants in accordance with the provisions of my country’s Patent Law.
(4) Priority setting purposes are different: abroad Priority provides convenience for international patent applications and protects the interests of foreign patentees in a timely and effective manner; domestic priority mainly facilitates the increase of technical solutions during the priority period, provides conditions for conversion between different types of patents, and protectsinterests of domestic citizens.
"Patent Law Implementing Rules" Article 31 If an applicant claims foreign priority in accordance with Article 30 of the Patent Law, the copy of the prior application document submitted by the applicant shall be certified by the original acceptance agency. In accordance with the agreement signed between the patent administration department of the State Council and the acceptance agency, if the patent administration department of the State Council obtains a copy of the prior application document through electronic exchange or other means, the applicant shall be deemed to have submitted a copy of the prior application document certified by the acceptance agency. If the applicant requests the priority of his or her country and states the filing date and application number of the earlier application in the request, it shall be deemed that a copy of the earlier application document has been submitted.
Requesting priority, but omitting to mention it in the request Or if one or two of the filing date, application number and name of the original acceptance agency of the earlier application are incorrectly written, the patent administration department of the State Council shall notify the applicant to make corrections within the specified time limit; if the applicant fails to make corrections within the specified time limit, it shall be deemed to have not been made. Request priority.
The name of the applicant claiming priority If the name of the applicant is inconsistent with the name recorded in the copy of the earlier application document, documentation proving the transfer of priority shall be submitted. Failure to submit such documentation shall be deemed to have not claimed priority.
Applicants for design patent applications require foreign priority If the applicant’s earlier application does not include a brief description of the design, and the brief description submitted by the applicant in accordance with Article 28 of these Rules does not exceed the scope of the pictures or photos in the earlier application document, it will not affect the applicant’s right to enjoy priority. right.
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