What are the functions and significance of establishing national priority
(1) Encourage the early application priority system, which is beneficial to applicants Applying for patents first will more fully reflect the "first to file" principle. In the absence of a national priority system. Inventors usually have the idea to wait until the technology becomes more mature and perfect before they consider applying for a patent. Because our country’s patent law stipulates that modifications to patent application documents must not exceed the scope of the original specification. If you apply for a patent too early, there may be some technical problems that have not been completely solved. If you apply for a patent too late, you will worry about being preempted by others. According to the original patent law, And modifications can only be made within the scope recorded in the original instructions, and improvements and improvements made after application. Usually it can only be made as a new application. As a result, applicants often think carefully and wait until the relevant technology of the invention becomes mature before filing a patent application. Objectively, it is not conducive to encourage inventors and creators to apply for patents as soon as possible, and then protect their inventive concepts and basic inventive technologies as soon as possible. With the domestic priority system, applicants are relieved of the above worries and can apply for patents in a timely manner as soon as they have an invention. This is conducive to protecting the enthusiasm of inventors to the greatest extent and avoiding some technology thieves who have no scientific ethics. Improper means are used to obtain other people's technology during their development and testing stages, and then apply for a patent first, and in turn sue the real inventor for infringement.
(2) It is beneficial to speed up the research process. Article 29 of the Patent Law stipulates the time limit for claiming priority. There is only one year, which objectively requires the inventor to perfect and improve the invention-creation of the same theme within one year after the first application. Therefore, to a certain extent, it also promotes the process of invention-creation and is conducive to early publication. Results and quick results. After filing a patent application for the first time, many people set the completion date of their next development plan before the expiration of the priority period. This is the positive impact brought by this system. (3) It is helpful to reduce the burden on applicants. If there is no domestic priority system, an invention will often form two consecutive patents, that is, the latter patent is an improvement patent of the previous patent, and the patentee must Pay two patent fees for the same invention over a long period of time. With the domestic priority system, applicants can combine inventions and creations with the same theme into one patent within a one-year period. This not only facilitates patent protection for inventions and creations, but also reduces the financial burden on the patentee.
(4) Conducive to the conversion of patent application types, Later, I felt that it would be more appropriate to apply for an invention patent, or I applied for an invention patent for the first time, but later wanted to apply for a utility model patent instead. If the old patent law were followed, it would be difficult to achieve this conversion, because the document drafting and claims of utility model and invention patents are often different for some inventions. Inventions can protect methods, but utility models cannot. With the domestic priority system, applicants can ultimately choose whether to protect their inventions with utility models or invention patents within a specified one-year period. If the original application is for a utility model, the utility model patent can be converted into an invention patent by claiming priority in the home country, and conversely, the invention patent can also be converted into a utility model patent.
(5) Conducive to improving the quality of patent applications, The background technical information of the first application is often not comprehensive enough, or the understanding of one's own inventions and solutions to technical problems has certain limitations. In addition, in order to rush for time and grab the application date, the application is often delayed. The drafting of documents and the determination of the scope of protection and claims are sometimes not considered carefully. Making up for this shortcoming by requiring domestic priority is a way to ensure and improve the quality of drafting patent applications.A good way. The inventor or applicant and agent can have sufficient time to conduct in-depth research and analysis on a series of issues related to technology and patent protection, and even some related issues that may arise in the market, and on this basis revise and improve the patent application. , its quality is generally relatively guaranteed. (6) It is conducive to strengthening the protection of patents. The Implementing Rules of the Patent Law stipulate: "The application date referred to in the Patent Law, if there is priority, refers to the priority date." This provision itself is beneficial to the patentee, and in turn helps To strengthen patent protection. In addition, since the first patent application has been modified, supplemented, and improved by requesting domestic priority, the reliability and stability of the patent are generally better. Once infringement occurs, the certainty of winning the lawsuit is usually better. Bigger. This is beneficial to strengthening patent protection.
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