What does design priority mean?
Patent priority means If a patent applicant files a patent application for an invention-creation in a certain country for the first time, and then files a patent application for an invention-creation with the same subject within the statutory period, according to relevant legal provisions, the subsequent application shall be treated as the first patent application. The date is regarded as the filing date, and the right enjoyed by the patent applicant in accordance with the law is the right of priority.
"Patent Law"
Article 29 Within twelve months from the date when the applicant first files a patent application for an invention or utility model in a foreign country, or from the first time a design is filed in a foreign country Within six months of the date of patent application, if another patent application is filed in China on the same subject, the foreign country 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.
The applicant shall, within twelve months from the date of first filing a patent application for the invention or utility model in China, submit another application for the same subject matter to the Patent Administration Department of the State Council. Those who file a patent application can enjoy priority.
The above content is compiled by the editor of Legal Savior Network. I hope it can help everyone.
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