Legal basis: Article 29 of the Patent Law of People's Republic of China (PRC). Where an applicant files a patent application for an invention or utility model in China within 12 months from the date when he first filed a patent application with a foreign country, or within 6 months from the date when he first filed an application for a patent for a design with a foreign country, he may enjoy the priority according to the agreement signed between the foreign country and China or the international treaties to which he is a party, 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.