Priority Right (Right of Priority) and Its Importance in Patent / Utility Model Applications
Priority right (right of priority) is the right to advance in the order due to a prior right. A registration application made in another country, obtained through registration or exhibition, grants priority for subsequent applications.
The priority document creates a priority order between applications, preventing third parties from filing patent or utility model applications for the same or similar inventions.
Usage Period of the Priority Document
✅ The priority document must be used within 12 months from the date it is obtained.
✅ If the priority rights are not used within this period, they expire and become invalid.
✅ The priority right is effective as of the application date, and the priority for the examination of the application begins from the priority date.
Importance and Effect of the Priority Right
✅ Patent or utility model applications made by third parties after the priority date are considered invalid.
✅ The priority application ensures legal superiority against other applications for the same invention.
✅ In international patent applications, priority relationships are established between applications to prevent loss of rights.
✅ It ensures that the patent or utility model application is under stronger legal protection.
In summary, the priority right provides the applicant with a registration priority, giving them an advantage over other applications for the same invention.
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