How to apply for patent priority

Legal subjectivity:

Ways to exercise the priority of patent application:

1. Where the applicant claims the priority of the design patent, it shall submit a written statement and a copy of the first patent application document within three months;

2. Where the applicant claims the patent priority for invention or utility model, it shall submit a written statement and submit a copy of the first patent application document within 16 months from the date of filing the first application.

Legal objectivity:

patent law of the people's republic of china

Article 30

Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of the first application.

Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months.

Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.