A Research Of The Same Subject Judgment Criterion Of Priority Principle

The principle of priority is one of the most important principles in the patentsystem,including foreign priority and domestic priority.One of the conditions of priority is the requirement that the earlier application be invented with the same subject as "the same subject",but the "same subject" does not require exactly the same as the narrative or the record,and only the essential same.So,how to judge the earlier application and the post-application is "the same theme" of the invention and creation has become a difficult problem.There are a number of judgment criteria in judicial practice,and there is no definite rule of judgment,and there is no clear provision as to the influence of whether the earlier application is fully open to the right to have priority.On the basis of analyzing the definition of priority system,the condition of priority and the original intention of priority,this paper points out that there are loopholes and defects in the existing judgment criteria,and further points out whether the earlier applicationbe fully open should influencethe right to have priority.And then analyze the relevant provisions of foreign countries,points that our country should how to improve the relevant legal provisions,and ultimately established a clear and perfect judging criteria that on the priority of the "same theme".