How to exercise patent priority

According to the second paragraph of Article 29 of the Patent Law of People's Republic of China (PRC), an applicant who files a patent application for the same subject with the the State Council Patent Administration Department within 12 months from the date when he first filed an application for a patent for invention or utility model in China can enjoy priority. According to the second paragraph of Article 33 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), the applicant claims domestic priority, and if the earlier application is an application for a patent for invention, he may file an application for a patent for invention or utility model on the same subject; Where the earlier application is an application for a patent for utility model, an application for a patent for utility model or invention may be filed on the same subject. However, when the latter application is filed, if the subject matter of the earlier application is under any of the following circumstances, it shall not be used as the basis for claiming domestic priority: (1) foreign priority or domestic priority has been claimed; (2) The patent right has been granted; (3) It is a divisional application filed in accordance with regulations. Where the applicant claims domestic priority, the earlier application shall be deemed to have been withdrawn from the date of filing the later application. Article 32 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).