You can still apply for a Chinese patent in China, but please pay attention to the following circumstances:
1. You have applied separately for a patent in a country other than China, and the foreign application date is far from the Chinese application date. Within 12 months, you can apply for a patent in China using the foreign filing date as the priority date.
2. If you have separately applied for a patent in a country other than China, and the foreign application date is more than 12 months from the Chinese application date, you cannot apply for a patent in China with the foreign application date as the priority date. , the novelty may be lost due to the disclosure of the foreign application;
3. An international application has been made through the PCT but the designated country does not include Chinese patents, and the foreign application date is within 12 months from the Chinese application date , at this time, you can apply for a patent in China with the foreign filing date as the priority date.
4. If an international application has been made through the PCT but the designated country does not include Chinese patents, and the foreign filing date is more than 12 months from the Chinese filing date, the foreign filing date cannot be used as the priority date in this case. When applying for a patent in China, the novelty may be lost due to the publication of the international application.