摘要
优先权制度起源于《保护工业产权巴黎公约》,产生之初就是国外优先权。随着专利制度的发展,产生了以国内首次申请为基础之优先权。区别起见,以国外首次申请为基础之优先权称国外优先权。国外优先权之取得须符合法定条件,优先权之期限因在后申请对象之不同而不同。新版《专利合作条约实施细则》进一步扩充了国外优先权规则,为专利的国际申请提供了更多便利。
The right of patent priority system originated from Paris Convention on the Protection of Industrial Property. Its original form is the right of international priority. With the development of patent system, the right of priority based on the first national application is recognized as giving rise to. For the sake of distinction, the right of priority based on the first international application is called as international priority. To acquire the international priority, the applicant must meet the statutory requirements. The period of international priority varies with the post application category. The revised Regulations under the Patent Cooperation Treaty expands the regulations of international priority and provides convenience for international patent applications.
