What does patent application priority mean?

Patent application priority means that after a patent applicant files a patent application for his invention and creation for the first time, within the time limit stipulated in the patent law, he will If a patent application is filed for an invention-creation with the same theme, the date of the first filed patent application shall be the filing date for the subsequent patent application. This right enjoyed by the applicant in accordance with the provisions of the patent law is called patent application priority.

The main function of priority is to allow the patent applicant to have sufficient time to consider whether to apply for patent rights abroad after filing a patent application for the first time. When applying for rights abroad, there is still enough time to choose a patent application agency and go through various necessary procedures. Applicants can also use this time to improve the patent they apply for without worrying about being preempted by others within the time stipulated in the patent law. and lose rights.

The time limit stipulated in the Patent Law is also called the priority time limit. For example, Article 29 of the Patent Law stipulates that “the applicant’s self-invention or utility model is the first to be filed in a foreign country.” Within twelve months from the date of filing a patent application once, or within six months from the date of the first patent application for a design in a foreign country, another domestic patent application for the same subject matter is filed within the "twelve months" specified in Within the month" and "within six months" are the legal priority periods.

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 from the date when the design is filed in If a foreign country files a patent application for the same subject in China within six months from the date when it first files a patent application, the foreign country shall file a patent application in China in accordance with the agreement signed by the foreign country and China or an international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority. Can enjoy priority.

Within twelve months from the date of first filing a patent application for an invention or utility model in China, the applicant submits another application for the same subject to the Patent Administration Department of the State Council. Those who apply for a patent can enjoy priority.

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