Paragraph 4 of Article 26 of the Patent Law

Subjectivity of law:

Paragraph 2 of Article 29 of the Patent Law stipulates the domestic priority of patent right. An applicant who applies for a patent for an invention or utility model in China for the first time within twelve months, or applies for a patent for a design in China for the first time within six months, can enjoy the priority. The purpose of patent priority is to exclude the possibility that anyone who plagiarizes this patent in other countries may file an application first and obtain registration. Legal objectivity:

Article 29 of the Patent Law, if an applicant files a patent application for an invention or utility model in China within 12 months from the date of first filing a patent application in a foreign country, or within 6 months from the date of first filing a patent application for a design in 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 both countries are parties, or according to the principle of mutual recognition of priority. An applicant who files a patent application for an invention or utility model in China for the first time within 12 months, or for a design in China for the first time within 6 months, may enjoy the priority.