1. After filing a patent application for the first time in a country, if the patent applicant files a patent application for the invention-creation with the same theme in China within the statutory time limit, he can enjoy priority;
2. After filing a patent application for the first time in China, if the patent applicant files a patent application for the invention-creation with the same theme in China within the statutory time limit, he can enjoy the priority.
legal ground
Article 29 of the Patent Law of People's Republic of China (PRC)
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.