Legal basis: People's Republic of China (PRC) Patent Law.
Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application.
Article 28 The date when the patent administrative department in the State Council receives the patent application documents shall be 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 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.
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.