What are the conditions for patent applicants to enjoy priority?

Legal analysis: To obtain priority, the following conditions must be met: to apply for priority abroad, the foreign country that accepts the applicant's first application must conclude an international treaty with China, or sign a bilateral agreement with China to recognize priority, or recognize that our nationals enjoy priority in that country; Patents applying for foreign priority include invention patents, utility model patents and design patents; Patents applying for domestic priority include invention patents and utility model patents; To apply for foreign priority, the first application must be a formal application on the priority date accepted and granted by the foreign patent office. Whether the application can be approved or not does not affect the basic conditions for applying for priority; To apply for domestic priority, the first application must be a formal application accepted by the patent administration department of the State Council and given the priority date.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within twelve months, or applies for a patent for design for the first time in a foreign country within six months, and applies for a patent on the same subject in China, he may enjoy the priority in accordance with the agreement signed between that country and China or the international treaties to which both countries are parties, or in accordance with the principle of mutual recognition of priority.

Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.

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 filing 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.