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什麽是外觀設計本國優先權？申請外觀設計專利如何聲明本國優先權？

來源：知服服 ??? 日期：2021-06-01

國外的外觀設計在國內享有優先權，那麽對于國內的外觀設計申請享有優先權嗎？新的專利法明確規定了外觀設計本國優先權的相關內容。

外观设计本国优先权.jpg

什麽是外觀設計本國優先權？

在回答什麽是外觀設計本國優先權之前，我們先看看什麽是外觀設計國外優先權。

1）外觀設計國外優先權

外观设计在外国第一次提出專利申請之日起六个月内，又在中国就相同主题提出專利申請的，依照该外国同中国签订的协议或者共同参加的国际条约，或者依照相互承认优先权的原则，可以享有优先权。

2）外觀設計本國優先權

我國2020年10月17日通過審議通過的第四次《專利法》修改增加了外觀設計本國優先權相關內容。

外观设计在中国第一次提出專利申請之日起六个月内，又向国家知识产权局就相同主题提出專利申請的，可以享有优先权。

申請外觀設計專利如何聲明本國優先權？

外观设计本国优先权应当按照以下要求进行声明并在规定期限内提出專利申請文件副本。

1）自申请日为2021年6月1日后的外观设计專利申請，申请人可以向国家知识产权局提交书面声明，要求外观设计本国优先权；

2）申請人要求外觀設計專利優先權的，應當在申請的時候提出書面聲明；

3）申请人要求外观设计專利優先權的，应当在三个月内提交第一次提出的專利申請文件的副本。

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什麽是外觀設計本國優先權？申請外觀設計專利如何聲明本國優先權？

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"There's another river like it in the Pacific Ocean," Frank explained; "it is called the Japan Current, because it flows close to the coast of Japan. It goes through Behring Strait into the Arctic Ocean, and then it comes south by the coast of Greenland, and down by Newfoundland. That's what brings the icebergs south in the Atlantic, and puts them in the way of the steamers between New York and Liverpool. To be free and to rule over freemen were, with Socrates, as with every Athenian, the goals of ambition, only his freedom meant absolute immunity from the control of passion or habit; government meant superior knowledge, and government of freemen meant the power of producing intellectual conviction. In his eyes, the possessor of any art was, so far, a ruler, and the only true ruler, being obeyed under severe penalties by all who stood in need of his skill. But the royal art which he himself exercised, without expressly laying claim to it, was that which assigns its proper sphere to every other art, and provides each individual with the employment which his peculiar faculties demand. This is Athenian liberty and Athenian imperialism carried into education, but so idealised and purified that they can hardly be recognised at first sight. The idea of such a provisional code seems to have originated with Zeno;61 but the form under which we now know it is28 the result of at least two successive revisions. The first and most important is due to Panaetius, a Stoic philosopher of the second century B.C., on whose views the study of Plato and Aristotle exercised a considerable influence. A work of this teacher on the Duties of Man furnished Cicero with the materials for his celebrated De Officiis, under which form its lessons have passed into the educational literature of modern Europe. The Latin treatise is written in a somewhat frigid and uninteresting style, whether through the fault of Cicero or of his guide we cannot tell. The principles laid down are excellent, but there is no vital bond of union holding them together. We can hardly imagine that the author’s son, for whom the work was originally designed, or anyone else since his time, felt himself much benefited by its perusal. Taken, however, as a register of the height reached by ordinary educated sentiment under the influence of speculative ideas, and of the limits imposed by it in turn on their vagaries, after four centuries of continual interaction, the De Officiis presents us with very satisfactory results. The old quadripartite division of the virtues is reproduced; but each is treated in a large and liberal spirit, marking an immense advance on Aristotle’s definitions, wherever the two can be compared. 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