Patent priority refers to the patent applicant for its invention and creation for the first time in a patent application in a country, within the legal time limit, and in a certain country with the same theme of the invention and creation of the patent application, according to the relevant laws, the date of the first patent application as the date of application, patent applicants enjoy such rights in accordance with the law, is the priority. The purpose of patent priority is to exclude those who copy the patent in other countries from filing an application and obtaining registration.

Patent priority can be divided into domestic priority and international priority.

1. Domestic priority

Domestic priority, also known as "domestic priority", means that a patent applicant for an invention or utility model of the same subject matter first filed a patent application in the country within 12 months from the date of filing a patent application in the country, may enjoy priority. After the law is changed, the appearance can claim priority.

Article 3 Where an applicant for a patent for design claims a national priority, and where the earlier application is an application for a patent for design, an application for a patent for design may be filed on the same subject matter; Where the earlier application is an application for a patent for invention or utility model, an application for a patent for design with the same subject matter may be filed with respect to the design shown in the attached drawings.

Where an applicant for a design patent claims a national right of priority, the earlier application shall be deemed withdrawn from the date of filing of the later application, except where the applicant for a design patent claims the application for a patent for invention or utility model as the basis of the national right of priority.

2. International priority

International right of priority, also known as "foreign right of priority", consists of: where the applicant for a patent for invention or utility model files another patent application in China on the same subject matter within twelve months from the date of the first filing of the application for a patent in a foreign country, or within six months from the date of the first filing of the application for a patent for a design in a foreign country, The foreign state may enjoy priority in accordance with the agreement concluded with China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority rights.