2. When an application with the same contents as the first application is later filed in the same country, if the previous application has been withdrawn, abandoned or rejected, and has not been provided to the public for review, and has not left any pending rights, the latter application shall be regarded as the first application.
3. The date of filing shall be traced back to the start date of the priority period, and the earlier application cannot be used as the basis for requesting priority. If an application for a design is filed in a country according to the priority based on the application for utility model, the priority period shall be the same as that stipulated in the design. It also allows a country to file an application for utility model on the basis of an application for a patent for invention, and vice versa. The time limit of the priority application shall be subject to the time limit of the application.
Legal basis: According to Article 42 of the Patent Law of People's Republic of China (PRC), the term of invention patent is 20 years, the term of utility model patent is 10 year, and the term of design patent is 15 year, all of which are counted from the date of application. Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant. In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.