Conditions that must be met to obtain patent priority

1、 Conditions for obtaining priority:

1. If a foreign country applies for the right of priority, the foreign country that accepts the applicant's first application must jointly participate in the international treaty with China that has priority provisions, or sign a bilateral agreement with China to recognize the right of priority mutually, or recognize that Chinese nationals enjoy the right of priority in that country.

2. Patents applying for domestic priority include invention patents and utility model patents.

3. To apply for the right of domestic priority, the first application must be a formal application accepted by the patent administration department under the State Council and granted the priority date.

4. Where an application for domestic priority is filed, the category can be changed, and the priority will not be affected, as long as the subject of the next application is the same as the subject of the previous application.

5. In case of joint application, one of them is allowed to enjoy priority, and they are also allowed to enjoy priority dates respectively.

6. To apply for a foreign priority, the first application must be a formal application accepted and given the priority date by the foreign patent office. Whether the application can be approved does not affect the basic conditions for applying for the right of priority.

7. To apply for the right of priority, a declaration must be made at the same time as the right is applied for, and a copy of the document for the previous patent application made by the patent administration department under the State Council must be submitted within the three month period specified in the Patent Law of the People's Republic of China. If the time limit is exceeded, the request for the right of priority shall be deemed not to have been made.

8. Whether applying for foreign priority or domestic priority, the latter application is required to have the same subject matter as the previous application. If the latter application exceeds the subject of the previous application, it does not enjoy the priority, but can only apply for priority for the common part.

9. The later application in our country must be filed within the priority period, and the later applicant must also be the legal successor of the previous applicant.

The above is the relevant content about what conditions are required for obtaining patent priority.