What is the effect of priority
The effectiveness of priority is mainly reflected in the following aspects:
(1) Allow others to file a patent on the same subject matter within the priority period The application is not patentable.
(2) After the priority date, with the The public publication or public use of an invention, utility model or design with the same subject matter in one application, whether done by the applicant himself or by a third party, will not impair the novelty and quality of a later patent application that enjoys priority. creativity and does not create any rights for third parties.
The so-called "priority" means that after the applicant files an application for the first time in a country, he can apply for protection in other countries on the same subject within a certain period. This application is regarded as Filed on the filing date of the first application.
In accordance with Article 29 of my country’s Patent Law stipulate, applyWithin twelve months from the date of first filing a patent application for an invention or utility model in a foreign country, or within six months from the date of a first filing of a patent application for a design in a foreign country, a person files another patent application for the same subject matter in China. When applying for a patent, the foreign country may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority. 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.
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