Patent application priority means that after the patent applicant files a patent application for his invention for the first time, within the time limit stipulated in the patent law, he applies for another patent application. If a patent application is filed for an invention-creation with the same theme, the date of the first patent application filed 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.
Firstly, there must be at least one prior patent application, secondly, when you apply for another patent, thirdly, the two patents must have the same content. . The subsequent patent application must be filed within 12 months from the filing date of the previous patent application, otherwise priority cannot be claimed. After a later application is granted priority, its filing date is the same as the filing date of the previous patent application, which is the right of priority.
my country’s Patent Law provides the following provisions on foreign priority and domestic priority,
(1 ) Foreign priority refers to the period within 12 months from the date the applicant first files a patent application for an invention or utility model in a foreign country, or within 6 months from the date the applicant files a first patent application for a design in a foreign country. , and files a patent application for the same subject in China, it may enjoy priority in accordance with the agreement signed by 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.
(2) Domestic priority means that the applicant files a patent application for the invention or utility model in China within twelve months. If the patent office files a patent application on the same subject, it can enjoy priority.
As can be seen from the above analysis, priority can only be requested once.
