What are the priority conditions for patent application?

The priority of a patent application must meet the following conditions:

1, the parties shall submit a written statement at the time of application;

2. The parties concerned shall submit a copy of the first patent application document within 16 months from the date of the first application;

3. Conditions for the priority of other patent applications required by law.

legal ground

Article 29 of the Patent Law shall come into force on June 1 20265438.

An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of 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 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.