When is the priority date of the patent right?
The priority date is the initial filing date. Any person or rights successor who formally files an application for registration of an invention patent, utility model or design in any country of the Union will be entitled to the right from the initial filing date. From the filing date (called the 'priority date'), within a certain period (called the 'priority period'), applications with the same content ("patent filing date") filed in other member states of the Union should Have priority.
1. Use the priority date as the time standard for judging the novelty and inventiveness of a patent application, so that patent applications filed by others on the same subject within the priority period Not patentable.
2. After the priority date, the public publication or public use of an invention, utility model or design that is the same as the subject matter of the first application, regardless of whether the applicant Whether it is done by oneself or by a third party, it will not damage the novelty and creativity of the patent application that is later filed and enjoys priority, and will not bring any rights to the third party.
3. Requesting national priority can also bring convenience to the applicant. The applicant can use the national priority to combine several prior applications under the condition of unity. The applications are consolidated into one subsequent application and filed.
4. Applicants can realize mutual conversion between invention patent applications and utility model patent applications within the priority period.
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