Any applicant may claim a priority right if he files an application for an invention or utility model patent in China within twelve months from the first filing date in a foreign country, or if he/it files an application for a design patent in China within six months from the first filing date in a foreign country, as well as in accordance with the Paris Convention or on the basis of the principle of mutual recognition of the right of priority.

Any applicant may claim a priority right if he files an application for a patent for an invention or utility model with the Patent Office within twelve months from its first filing date in China. Any applicant who claims a priority right shall submit a written declaration when the application is filed.