Patent Filing in China
China is a priority market for manufacturing and consumer technology portfolios. National phase entry at CNIPA can lead to an invention patent or, if chosen at entry, a faster utility model.
When is your national phase deadline in China?
Enter the earliest priority date of your PCT application (or the international filing date if there is no priority).
Patent filing in China: key facts
Reinstatement under Rule 49.6 not permitted.
Filing fee and additional filing fee exempt where CNIPA acted as receiving Office and ISA.
Request based. Substantive examination must be requested within 3 years of the priority date.
Published by CNIPA in Chinese after entry, giving provisional protection.
20 years for invention patents; 10 years for utility models.
Typically 2 to 4 years. Faster through the PPH or prioritised examination.
Annual fees from the year of grant.
Utility models available, with registration and no substantive examination.
Possible
Official fees for patent filing in China
Filing in several countries? Compare fees with other countries →
Standard official fees (general)
From the WIPO PCT Applicant's Guide, updated September 25, 2026. Amounts in CNY. Your exact fees depend on your application: use the calculator above.
| Fee | Amount | Notes |
|---|---|---|
| Patents: Filing fee | CNY 900 | Due within the Article 22 or 39(1) time limit |
| Patents: Additional filing fee (each description sheet over 30) | CNY 50 | Per sheet |
| Patents: Additional filing fee (each description sheet over 300) | CNY 100 | Per sheet |
| Patents: Additional filing fee (each claim over 10) | CNY 150 | Per claim; based on claims as originally filed |
| Patents: Application publication fee | CNY 50 | Due within the Article 22 or 39(1) time limit |
| Patents: Fee for priority claims | CNY 80 | Per priority; due within two months of national phase entry |
| Patents: Examination fee | CNY 2,500 | Due within three years of the priority date |
| Patents: Surcharge for late entry into the national phase | CNY 1,000 | |
| Patents: Handling fee for rectifying errors in translation in the preliminary examination phase | CNY 300 | |
| Patents: Handling fee for rectifying errors in translation in the substantive examination phase | CNY 1,200 | |
| Patents: Restoration fee for unity of invention | CNY 900 | |
| Patents: Handling fee for change of bibliographic data | CNY 200 | |
| Patents: Fee for requesting restoration of rights | CNY 1,000 | |
| Patents: Fee for requesting restoration of priority claim | CNY 1,000 | |
| Patents: Fee for requesting extension of time limit, 1st time | CNY 300 | Per month |
| Patents: Fee for requesting extension of time limit, 2nd time | CNY 2,000 | Per month |
| Patents: Fee for requesting invalidation | CNY 3,000 | |
| Patents: Re-examination fee | CNY 1,000 | |
| Patents: Annual fee, years 1-3 | CNY 900 | Per year |
| Patents: Annual fee, years 4-6 | CNY 1,200 | Per year |
| Patents: Annual fee, years 7-9 | CNY 2,000 | Per year |
| Patents: Annual fee, years 10-12 | CNY 4,000 | Per year |
| Patents: Annual fee, years 13-15 | CNY 6,000 | Per year |
| Patents: Annual fee, years 16-20 | CNY 8,000 | Per year |
| Utility models: Filing fee | CNY 500 | Due within the Article 22 or 39(1) time limit |
| Utility models: Additional filing fee (each description sheet over 30) | CNY 50 | Per sheet |
| Utility models: Additional filing fee (each description sheet over 300) | CNY 100 | Per sheet |
| Utility models: Additional filing fee (each claim over 10) | CNY 150 | Per claim |
| Utility models: Fee for priority claims | CNY 80 | Per priority |
| Utility models: Surcharge for late entry into the national phase | CNY 1,000 | |
| Utility models: Handling fee for rectifying errors in translation in the preliminary examination phase | CNY 300 | |
| Utility models: Restoration fee for unity of invention | CNY 900 | |
| Utility models: Handling fee for change of bibliographic data | CNY 200 | |
| Utility models: Fee for requesting restoration of rights | CNY 1,000 | |
| Utility models: Fee for requesting restoration of priority claim | CNY 1,000 | |
| Utility models: Fee for requesting extension of time limit, 1st time | CNY 300 | Per month |
| Utility models: Fee for requesting extension of time limit, 2nd time | CNY 2,000 | Per month |
| Utility models: Fee for requesting invalidation | CNY 1,500 | |
| Utility models: Re-examination fee | CNY 300 | |
| Utility models: Annual fee, years 1-3 | CNY 600 | Per year |
| Utility models: Annual fee, years 4-5 | CNY 900 | Per year |
| Utility models: Annual fee, years 6-8 | CNY 1,200 | Per year |
| Utility models: Annual fee, years 9-10 | CNY 2,000 | Per year |
| HKSAR: Patent Form P1 (reference on who may apply) | CNY 190 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P1A (authorization to carry out directions) | CNY 190 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P2 (notice of opposition or counter-statement) | CNY 325 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P4 (request to record standard patent application) | CNY 380 | HKD (Annex CN(HK).I) |
| HKSAR: Advertisement fee for request to record | CNY 68 | HKD (Annex CN(HK).I) |
| HKSAR: Late payment surcharge for filing or advertisement fee (request to record) | CNY 95 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P5 (request for registration and grant of standard patent) | CNY 380 | HKD (Annex CN(HK).I) |
| HKSAR: Advertisement fee for registration and grant | CNY 68 | HKD (Annex CN(HK).I) |
| HKSAR: Late payment surcharge (registration and grant) | CNY 95 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P6 (short-term patent grant application) | CNY 755 | HKD (Annex CN(HK).I) |
| HKSAR: Advertisement fee (short-term patent) | CNY 68 | HKD (Annex CN(HK).I) |
| HKSAR: Late payment surcharge (short-term patent) | CNY 95 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P7 (correction of error) | CNY 135 | HKD (Annex CN(HK).I) |
| HKSAR: Request for publication of corrected translation | CNY 190 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P9 (maintenance of standard patent application, each year) | CNY 270 | HKD (Annex CN(HK).I) |
| HKSAR: Late payment surcharge (maintenance) | CNY 95 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P10 (renewal of standard patent, each year) | CNY 540 | HKD (Annex CN(HK).I) |
| HKSAR: Late payment surcharge (standard patent renewal) | CNY 270 | HKD (Annex CN(HK).I) |
| HKSAR: Renewal of short-term patent | CNY 1,080 | HKD (Annex CN(HK).I) |
| HKSAR: Late payment surcharge (short-term renewal) | CNY 270 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P12 (restoring a deemed-withdrawn application or lapsed patent) | CNY 405 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P13 (additional fee for reinstatement or restoration of rights) | CNY 405 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form P14 (mention of inventor) | CNY 135 | HKD (Annex CN(HK).I) |
| HKSAR: Patent Form SP3 (extension fee) | CNY 215 | HKD (Annex CN(HK).I) |
| HKSAR: Penalty fee for late filing of translation | CNY 190 | HKD (Annex CN(HK).I) |
Fee reductions: Filing fee and additional filing fee exempt where CNIPA acted as receiving Office and ISA. No examination fee if CNIPA established both the international search report and the IPRP (Chapter II). 50% refund of the examination fee if the application is withdrawn before the deadline for responding to the first examination opinion (unless a response was filed). No small entity/natural person reduced amounts listed.
National phase entry requirements
Time limit
30 months from the priority date (Article 22(1) and Article 39(1)(a); same for Chapter I and II); late entry up to 32 months from the priority date with surcharge (CNY 1,000)
Up to 32 months with a late-entry fee.
Translation
Under Article 22: request, description, claims, text matter of drawings, abstract; if claims amended under Article 19, both original and amended versions plus any Article 19 statement if the amendments are to form the basis of proceedings. Under Article 39(1): request, description, claims, text matter of drawings, abstract; amended parts in both versions if the amendments are to form the basis of proceedings. Due within the Article 22 or 39(1) time limit.
Late entry and reinstatement
Reinstatement under Rule 49.6 not permitted. Separate national restoration of rights for force majeure or other justified reasons: request within two months of removal of the impediment and within two years of the missed deadline; fee CNY 1,000. Late entry possible up to 32 months with surcharge of CNY 1,000.
Agent and power of attorney
Required, appointed by power of attorney; agent must be a patent agency legally incorporated in China
Special requirements of the office
- Name of the inventor, if not given in the request (may be satisfied by a Rule 4.17 declaration)
- Instrument of assignment of the priority right where applicants differ (may be satisfied by a Rule 4.17 declaration)
- Where applicable, instrument of assignment if the applicant changed after the international filing date
- Appointment of an agent
- Evidence supporting any claimed exception to lack of novelty
- Where applicable, nucleotide and/or amino acid sequence listing in electronic form
Other information
- Designation of China includes Hong Kong SAR; HKSAR standard patent via Request to Record within six months of Chinese national publication, short-term patent within six months of CNIPA national phase entry
- Office accepts restoration of priority by receiving Office; requests for restoration under Rule 49ter.2 accepted ('unintentional' criterion), within two months of national phase entry, fee CNY 1,000
- Colour drawings accepted; photographs and engineering blueprints generally not accepted as drawings
- Inventor's address not required
- Examination must be requested within three years of the priority date
- Utility model option must be indicated when performing the Article 22/39 acts; no conversion between patents and utility models
- First annual fee due within two months of grant notice
Source: WIPO PCT Applicant's Guide, national chapter, updated September 25, 2026.
What you need to file in China
| Document | When |
|---|---|
| Entry form | At entry |
| Chinese translation of the application | At entry |
| Power of attorney | Can be filed later |
| Assignment or right-to-apply statement, if the applicant changed | If applicable |
| Sequence listing, if applicable | If applicable |
A simple signed copy; no notarisation or legalisation.
Where the applicant is not the inventor or has changed. A simple signed copy.
Notice of allowance, then registration fees.
Filing requirements in detail
| Extension of the filing deadline | Yes/2 Months |
|---|---|
| Late translation allowed | NO |
| Amendments at entry | Yes |
| Article 19 amendments | Possible |
| Chapter II / Article 34 amendments | Yes |
| Power of attorney | Yes |
| Assignment | Yes |
| PPH fee | USD 560 |
From national phase entry to grant
- 1Month 30 (32 with fee)National phase entry
Chinese translation and fees filed.
- 2Entry + 2–4 monthsFormalities and publication
Application published in Chinese.
- 3Within 3 years of priorityExamination request
Request and fee filed.
- 4About 12–24 monthsFirst office action
Novelty, inventiveness and clarity reviewed.
- 54 months per actionOffice action responses
Amendments and arguments filed.
- 6On allowanceGrant
Registration fees paid; patent granted.
- 7YearlyAnnual fees
Paid from the year of grant.
Patent filing in China: questions
What is the deadline for PCT national phase entry in China?
30 months from the earliest priority date.
Can I enter the national phase in China after the deadline?
Reinstatement under Rule 49.6 not permitted. Separate national restoration of rights for force majeure or other justified reasons: request within two months of removal of the impediment and within two years of the missed deadline; fee CNY 1,000. Late entry possible up to 32 months with surcharge of CNY 1,000.
In which language must the application be filed in China?
Chinese. Under Article 22: request, description, claims, text matter of drawings, abstract; if claims amended under Article 19, both original and amended versions plus any Article 19 statement if the amendments are to form the basis of proceedings.
Do I need a local patent attorney in China?
The PCT applicant or its successor in title. Foreign applicants must appoint a licensed Chinese patent agency.
Is a power of attorney needed, and must it be legalized?
A simple signed copy; no notarisation or legalisation.
Are there official fee reductions in China?
Filing fee and additional filing fee exempt where CNIPA acted as receiving Office and ISA. No examination fee if CNIPA established both the international search report and the IPRP (Chapter II). 50% refund of the examination fee if the application is withdrawn before the deadline for responding to the first examination opinion (unless a response was filed).
How does examination work in China?
Request based. Substantive examination must be requested within 3 years of the priority date.
How long does it take to get a patent in China?
Typically 2 to 4 years. Faster through the PPH or prioritised examination.
Is utility model protection available in China?
Utility models available, with registration and no substantive examination.
How much does patent filing in China cost?
The cost is the official fees of the patent office plus professional fees. The standard official fees from WIPO are listed on this page; the calculator works out the exact official fees for your application (pages, claims, applicant type) after a quick email check, and our team sends a full quote on request.
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