Who is Eligible for Patent Filing China
Any applicant who designates China in their PCT application can enter the National Phase Filing. Eligible applicants include:
- Individual inventors
- Startups and SMEs
- Domestic and foreign corporations
- Universities and research institutions
- Joint applicants or co-owners
- Legal successors or assignees
Representation Requirement
Foreign applicants must appoint a licensed Chinese patent attorney.
Only a representative registered with CNIPA can prosecute a patent application in China.
Entitlement Requirements
If the applicant is not the inventor, CNIPA requires:
- A simple signed Assignment, or
- A Statement of the Right to Apply
China does not require notarization or legalization for assignment documents unless specifically requested.
Strict Deadline for Patent Filing China (30 / 31-Month Rule)
China follows the standard PCT national phase deadlines for PCT Filing:
- 30 months from the earliest priority date (recommended deadline).
- 31 months allowed without petition (China automatically permits 31 months).
Applicants may enter the national phase any time within 30–31 months by submitting the required documents and paying the entry fees.
Extensions After Expiry of the 30 / 31-Month Deadline
If the applicant fails to enter by 31 months:
China allows limited restoration of rights, provided that:
- A petition for restoration is filed,
- The applicant demonstrates that the delay was unintentional, and
- Additional fees are paid.
Restoration is discretionary and should not be relied upon.
Applicants should consider 30 months as a firm internal deadline to avoid compliance risks.
Filing Language
The official language of the Chinese patent system is Chinese (Mandarin).
If the PCT application was not filed in Chinese, a full Chinese translation of the specification, claims, abstract, and drawings must be provided. CNIPA allows initial filing followed by translation within a short grace period, but delays are risky.
Translation Accuracy
The Chinese translation is legally controlling:
- CNIPA examines the Chinese text only.
- Courts and enforcement authorities rely solely on the Chinese version.
- Translation inaccuracies can narrow claim scope or weaken enforceability.
Professional technical translation is therefore essential.
Essential Documents for Patent Filing China
A complete Chinese national phase application requires:
- PCT application documents (automatically obtained from WIPO)
- Full Chinese translation of the entire specification
- Applicant and inventor details
- Priority information
- Power of Attorney (simple signed copy acceptable)
- Assignment (if applicant ≠ inventor; simple copy acceptable)
- Sequence listing in compliant format (if applicable)
- National phase entry fee payment
Document Requirements Table – China
| Document | Notarization? | Legalization? | Notes |
| Power of Attorney | No | No | Simple signed copy; only required if CNIPA requests it. |
| Assignment | No | No | Simple signed copy accepted; required if applicant is not the inventor. |
| Translation | No | No | Certified Chinese translation mandatory; accuracy is critical |
| Priority Documents | No | No | Usually retrieved via WIPO DAS; no legalization needed. |
China is highly efficient on formalities but extremely strict on compliance and translation quality.
Search and Examination Procedure (Short Overview)
China performs a full substantive examination, including:
- Prior art search
- Novelty / Patentability Search assessment
- Inventive step (very strict)
- Industrial applicability
- Sufficiency of disclosure
- Support and clarity in claims
- Unity of invention
- Eligibility (software, biotech, and business methods scrutinized closely)
Chinese examiners are known for rigorous novelty and inventive step analysis.
Examination Process and Office Actions
Request for Examination
CNIPA does not automatically begin examination.
Applicants must file a Request for Substantive Examination (RSE).
Office Actions
CNIPA may issue one or more Office Actions addressing:
- Novelty rejections
- Inventive step objections
- Clarity or support concerns
- Added matter objections (very strict in China)
- Lack of unity
- Translation inconsistencies
- Claim format issues
Applicants may respond through:
- Legal arguments
- Claim amendments
- Clarifications or corrections
- Divisional applications (commonly used in China)
Divisional Applications
China allows multiple and cascading divisional applications, often used to broaden protection or secure faster allowance through alternative claim sets.
Deadline for Request for Examination
The RSE must be filed:
- Within three years, calculated from the international filing date.
If the applicant fails to request examination, the application is deemed withdrawn.
Publication Process and Legal Impact
China publishes patent applications:
- Upon completion of 18 months from the earliest priority date, or
- Soon after national phase entry, if the 18-month period has elapsed.
Legal Effects
Upon publication, the applicant receives:
- Provisional rights
- Ability to claim pre-grant damages after grant (if the infringer had knowledge of the published claims)
- Public acknowledgment of pending rights
Publication also alerts competitors and deters copycat activities.
Grant Process and Enforceability
When examination is complete and all objections are resolved:
- CNIPA issues a Notice of Allowance
- Applicant pays the registration and publication fees
- Patent is granted and published in the CNIPA Patent Gazette
Enforcement in China
China has one of the world’s strongest and fastest enforcement systems. Patent owners may enforce rights through:
- Civil litigation in specialized IP courts
- Administrative enforcement through local IP bureaus
- Customs enforcement to block infringing imports/exports
- Conduct Wide Patent infringement search and charge Criminal penalties for large-scale willful infringement
Chinese IP courts are known for:
- Fast case handling
- Injunction-friendly decisions
- Increasingly high damages awards
Enforcement in China is powerful and commercially strategic.
Validity Term
Patent terms in China:
- Invention patent: 20 years from international filing date
- Utility model: 10 years
- Design patent: 15 years
Patent Term Extension (PTE)
China allows term extension for pharmaceuticals by:
- Up to 5 years, with effective post-approval protection capped at 14 years
This aligns China with major jurisdictions like the EU and Japan.
Typical Time to Obtain a Patent in China
Expected timeline:
- 3–5 years (standard examination)
- 12–24 months (accelerated)
- 6–12 months (special fast-track programs for certain industries)
China offers several acceleration mechanisms:
- Patent Prosecution Highway (PPH)
- Priority Examination
- Green Channel
- Beijing Fast Track
This makes China one of the fastest major patent offices.
Annuities and Maintenance Procedure
Annual fees must be paid:
- Every year starting from the grant date
- For the entire 20-year term
Grace period:
- Late payment allowed within 6 months, with a surcharge
- Failure to pay results in a lapse, with restoration possible under limited conditions
Annuity fees increase each year, especially during the final years.
Official Government Fees for Patent Filing China (As Per 2025 Schedule)
A. Filing Fees
| Fee Type | Amount (CNY) |
| Filing Fee | ~CNY 950 |
| Excess Claims Fee | ~CNY 150 per claim (from 11th onward) |
| Excess Pages Fee | ~CNY 50 per page (from 31st onward) |
B. Examination Fees
| Fee Type | Amount (CNY) |
| Request for Examination | CNY 2,500 |
C. Grant / Publication Fees
| Fee Type | Amount (CNY) |
| Grant / Registration Fee | ~CNY 900 |
| Publication Fee | ~CNY 50 |
D. Annual Renewal Fees
| Year | Annual Fee (CNY) |
| Years 1–3 | ~CNY 900/year |
| Years 4–6 | ~CNY 1,000–1,200/year |
| Years 7–9 | CNY 2,000–3,000/year |
| Years 10–12 | ~CNY 4,000–5,000/year |
| Years 13–15 | ~CNY 6,000–7,000/year |
| Years 16–20 | ~CNY 8,000–10,000/year |
Utility Model
China offers a very powerful Utility Model (UM) patent system:
- Grants typically within 6–12 months
- No substantive examination
- Strong enforcement capability
- 10-year term
- Ideal for mechanical and structural inventions
Dual filings (Invention + Utility Model) are common for maximum protection and quick enforceability.
China Patent Office and Official Website
China National Intellectual Property Administration (CNIPA)
Website: CNIPA
