Article link: People's Republic of China (PRC) Patent Law 1, Article 28 The date when the patent administrative department in the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
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 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 according to the agreement signed by the foreign country with China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority.
An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority.
3. Article 30 Where an applicant claims priority, he shall make a written statement at the time of application and submit a copy of the patent application documents submitted for the first time within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.