The specific procedures required by the applicant to claim priority include: request, description and abstract, claims and other documents. Furthermore, the request shall specify the title of the invention, the name of the inventor and other relevant materials, as well as other matters.
Legal Basis
Article 26 of the Patent Law of the People's Republic of China that came into effect on June 1, 2021
Apply for an invention or For utility model patents, documents such as a request, a description, its abstract, and claims must be submitted.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
Article 29
Within twelve months from the date when the applicant first files a patent application for the invention or utility model in a foreign country, or from the date when the design is filed for the third time in a foreign country, If a patent application is filed in China on the same subject within six months from the date of filing a patent application, the foreign country shall comply with the agreement signed by the foreign country with China or an international treaty to which both countries are party, or in accordance with the principle of mutual recognition of priority. , can enjoy priority.
Within twelve months from the date the applicant first files a patent application for an invention or utility model in China, or within six months from the date a design first files a patent application in China , and files a patent application for the same subject with the Patent Administration Department of the State Council, it can enjoy priority.