Legal basis: Article 28 of the Patent Law. The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 29 of the Patent Law Where an applicant applies for a patent for an invention or utility model for the first time in a foreign country within twelve months, or for a design for the first time in a foreign country within six 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 treaties to which he is a party, 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. (The Patent Law came into effect on June, 20265438 1)