What are the differences between domestic priority and foreign priority?

Patent priority means that after a patent applicant files a patent application for his invention and creation in a certain country for the first time, and then files a patent application for an invention and creation with the same theme in China within the statutory period, according to relevant laws and regulations, his subsequent application Taking the date of the first patent application as the filing date, the right enjoyed by the patent applicant in accordance with the law is the right of priority. What are the differences between domestic priority and foreign priority? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the differences between domestic priority and foreign priority

Distinguish between domestic priority and foreign priority, mainly Including the following four aspects:

(1) Priority The scope of right coverage is different:

Foreign applicants can After an invention, utility model, or design is filed for the first time in a foreign country, a patent application filed for the same subject in China shall enjoy priority.

(2) Priority The rights holders are different:

Foreign priority is enjoyed by foreign citizens, and domestic priority is enjoyed by domestic citizens.

(3) Different sources of rights:

Foreign priority rights come from agreements signed by foreign countries and China or international treaties that they both participate in, while domestic priority rights are granted to qualified persons in accordance with the provisions of China's Patent Law Priority of the applicant.

(4) Priority The setting purposes are different:

Foreign priority is for international Patent application provides convenience and protects the interests of foreign patentees in a timely and effective manner; domestic priority mainly facilitates the increase of technical solutions during the priority period, provides conditions for conversion between different types of patents, and protects domestic citizens.

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