What is the domestic priority?

Legal analysis: This means that patent applicants can enjoy priority if they file a patent application with the China National Intellectual Property Administration Patent Office within 12 months from the date when China first filed a patent application. In China's priority system, design patents are not included.

Legal basis: Article 29 of the Patent Law of People's Republic of China (PRC). Where an applicant files a patent application for an invention or utility model in China within 12 months from the date when he first filed a patent application with a foreign country, or within 6 months from the date when he first filed an application for a patent for a design with 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 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.