1. The applicant filed the same patent application in China within 12 months from the date when the invention or utility model was first filed abroad, or within 6 months from the date when the design was first filed abroad;
2. Grant patents and issue patent certificates according to the agreement signed between the foreign country and China or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority.
legal ground
Article 29 of the patent law
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.
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.