Fees associated with filing patent applications in China, as well as other patent fees, are available in the fee calculator.
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Term for filing a patent application in China
The term for filing a patent application claiming priority with the China National Intellectual Property Administration is 12 months from the priority date. The priority right can be restored within two months from the expiration date of the priority.
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Filing requirements in China
The official language is Chinese. A translation of the application into Chinese must be submitted at the time of filing; late filing is not applicable.
To obtain a filing date, it is necessary to provide the China National Intellectual Property Administration with the applicant’s and inventor’s details and application materials.
A simply signed copy of the Power of Attorney should be provided within three months from the filing date.
A certified copy of the Priority Document must be provided within sixteen months from the earliest priority date.
It is not necessary to provide the Assignment Deed between applicant(s) and inventor(s) when filing a patent application.
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Examination of a Chinese patent application
Patent applications in China undergo formal and substantive examinations. The request to conduct substantive examination must be filed within three years from the filing date or, if priority is claimed, from the priority date.
The disclosure of information about an invention within six months prior to filing in China does not disprove its novelty if:
- the disclosure has occurred for the purpose of public interests in the case of national emergency;
- it is first exhibited at an international exhibition sponsored or recognized by the Chinese Government;
- it is first made public at a prescribed academic or technological meeting;
- it is disclosed by any person without the consent of the applicant.
Patents in China are in force for twenty years from the filing date. The first annual fee is to be paid at registration. All subsequent annual fees should be paid in advance before the anniversary of the filing date. Late payment is possible within a six-month grace period by paying a corresponding surcharge.
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Duration of registration procedure
The average processing time for patent registration procedure in China is 3 years.
Inventions may also be protected as Utility Models in China, which are subject to formal examination only. However, conversion of a patent application into a utility model and vice versa is not possible.
Utility Models in China shall be granted for new and practical technical solutions relating to the shape and/or structure of a product or the combination thereof, which are fit for practical use.
The maximum protection period of a utility model in China is ten years from the date of filing.
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Representation by a patent attorney
Foreign applicants must perform patent prosecution in China through an agent, a Chinese patent attorney registered before the China National Intellectual Property Administration.
1. Online Database for Chinese Patent and Utility Model Search.
2. It is possible to validate Chinese invention patents (not utility models and design patents) in Cambodia, provided that they have the filing date after January 22, 2003 and are granted in good order. Duration of the validated patents is 20 years from the filing date of the corresponding Chinese application, meaning that such patents have legal force in Cambodia for the rest of the term of the corresponding Chinese patents.
3. CNIPA no longer issues paper patent certificate from March 1, 2022. Instead, CNIPA issues electronic certificates through the online system.
Brief summary is based on the information provided by Borsam Intellectual Property on 26.01.2024
Please contact us if the above information is not in conformity with Chinese IP Laws