本文就发明专利申请以提前公开的在先中国专利申请为基础要求国内优先权时,可能出现优先权不成立而对在后申请的授权产生影响的问题进行了探讨。对该问题产生的原因、如何规避以及可能的补救途径进行了分析,以期避免因该类问题的出现而导致申请人的权利丧失。 In this paper, the invention patent application is based on the earlier disclosure of the prior Chinese patent application as the basis to claim the domestic priority, the priority may not be established and the subsequent authorization of the application has been discussed. The causes of the problem, how to avoid it and the possible remedies were analyzed in order to avoid the loss of the applicant’s rights due to the emergence of such problems.