Second: International Priority International priority, also known as foreign priority, means that if a patent applicant files a patent application in China within 12 months from the date of first filing a patent application for the same invention or utility model in a foreign country, or files a patent application in China within 6 months from the date of first filing a patent application for the same design in a foreign country, the date of first filing a patent application in a foreign country shall be the priority date. "
legal ground
Article 29 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies 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, he may enjoy the priority according to the agreement signed by the foreign country with China or the international treaty to which * * * 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.
Article 30 of the Patent Law of People's Republic of China (PRC) Where an applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.