The right of first use simply means that in a certain professional field, before someone files a patent application, if the other party still manufactures the same product, uses the same method, or has manufactured a series of products in this way, the law allows the person who has not been granted the patent right to restrict the use of the patent right and continue to manufacture or continue to make related inventions and creations within the original scope. Generally speaking, but if others don't get the patent right because they didn't apply or applied late, what are the conditions for their priority? What is the priority of patent application in agricultural field?

Domestic priority

If a patent applicant applies for a patent for an invention or method of use of the same subject for the first time in a foreign country, he will apply for a patent for related knowledge in China within one year. In this case, he can enjoy the priority, while the domestic priority does not include the design patent of related agricultural products.

International priority

What is the priority of patent application in agricultural field? If the applicant for a patent has filed many patent applications for the same invention or the use of foreign related new technologies, and the same design is filed for the first time in a foreign country within one year from the date of filing, and the patent application is filed in China within six months after the patent application, then China shall take the time when the whole patent application was filed for the first time in a foreign country as the examination standard, and this filing date is also the priority date.

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