What is the priority principle of patent rights?
What is the priority principle? One of the principles of patent application. Including foreign priority and domestic priority.
The main content of the right of priority is that the applicant shall file the invention or utility model within 12 months from the date when he first files a patent application in a foreign country, or from If a patent application for a design is filed for the same subject in China within six months of the first patent application filed in a foreign country, the design shall be subject to the agreement signed by the foreign country and China or an international treaty to which both parties are a party, or in accordance with the mutual recognition of priority. principle, can enjoy priority.
The applicant submits another patent application for the invention or utility model to the patent administration department on the same subject within twelve months from the date when it first filed a patent application in China. Those who apply for a patent can enjoy priority. The former is foreign priority, and the latter is domestic priority. The two are different in terms of applicable patent types and application locations.
The actual meaning of priority is that the date of the first patent application is used as the time standard for judging novelty. The date of the first application is called The priority date and the above-mentioned specific period are called priority periods. If the applicant claims priority, he shall make a written statement when applying and submit a copy of the first patent application document within three months; if the applicant fails to make a written statement or fails to submit a copy of the patent application document within the time limit, the applicant shall be deemed to have No priority claimed. When the first application is abandoned or rejected, its priority still exists. Priority rights are transferable, that is, they can be transferred together with the right to apply for a patent.
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