1. Where an applicant files an application for a patent for invention or utility model on the same subject within 12 months from the date of filing the first patent application, he may enjoy priority;
2. Where an applicant files a patent application for a design with the same theme within six months from the date of filing the patent application for the first time, he may enjoy the priority.
legal ground
/kloc-article 29 of the patent law of People's Republic of China (PRC), which came into effect on June, 0.
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.