◎ Specification of the patent application

◎ Scanned copy of the power of attorney

◎ Scanned copy of the priority document or DAS code, if available

◎ Scanned copy of priority assignment proof, if available

◎ File directly under the Paris Convention within 12 months from the earliest priority date;

◎ File via PCT national phase entry within 30 months from the earliest priority date, and it is feasible to request for an additional two-month grace period upon payment of extra official fees in case of late filing.

◎ The official language for Chinese patents is Simplified Chinese, and the Chinese text must be provided at the time of filing.

Patent Prosecution Highway (PPH)

◎ When a corresponding application of a Chinese patent receives a favorable search report from a patent office recognized by CNIPA, and when the claims of the two applications fully correspond, applicants can request accelerated examination of their application by the CNIPA without the need to pay additional fees.

◎ Based on our experience, the first office action is typically received within 2-3 months after filing a PPH request, and the overall process from PPH request to final disposition takes approximately 6-12 months.

Patent Prioritized Examination

◎ The prioritized examination of patents must be requested when the conditions for commencing substantive examination are met, after filing a request for substantive examination and paying the corresponding fees. Patent applications are entitled to Prioritized Examination if they:

(1) Involve national key development industries such as energy conservation and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, and smart manufacturing;

(2) Involve industries encouraged by the provincial and district-level municipal governments;

(3) Involve the Internet, big data, cloud computing and other fields and the technology or product obsolescence is fast;

(4) The patent applicant has made preparations for implementation or has begun implementation, or there is evidence that others are implementing their inventions;

(5) The patent application was first filed in China and then filed in a foreign country; or

(6) Of great significance to national interests or public interests need to be reviewed first.

◎ In our experience, patent applications submitted for prioritized examination typically receive the first office action within 1-1.5 months after approval of prioritized examination, and the process from prioritized examination request to final disposition takes 6-12 months.

Pre-Examination

◎ The pre-examination system is a mechanism newly introduced by CNIPA to accelerate the examination process for qualified applications, compressing the pending period for Chinese patent applications from 22 months to 6 months.

◎ However, it is worth noting that for patent applications undergoing preliminary examination at the Intellectual Property Protection Center, in response to the first and second office actions issued by the patent office, applicants must submit responses within 10 and 5 working days respectively. If, the applicant still does not qualify for granting after responding to the second office action, the patent application will automatically switch to the regular application procedure.

◎ In China, inventors have the option to delay examination while submitting a substantive examination request. This delay can be chosen for 1 year, 2 years, or 3 years without incurring additional official fees. However, it's crucial to note that once a request for delayed examination is initiated, it cannot be withdrawn.

◎ For clients aiming to extend the examination process, they can opt to file a substantive examination request along with a request for a 3-year delay at the final deadline, i.e. within three years from the application date (or priority date).

◎ For originally filed Chinese patents or those entering China directly via the Paris Convention, applicants have the option to submit both patent and utility model applications on the same day. However, in the case of such "double filing," the CNIPA typically delays the examination of the Chinese patent while proceeding with the utility model patent examination as usual.

◎ Additionally, for patent applications entering China via the PCT national stage, simultaneous filing of patent and utility model applications is not feasible.

◎ Specification of the utility model application

◎ Scanned copy of the power of attorney

◎ Scanned copy of the priority document or DAS code, if available

◎ Scanned copy of deed of assignment, if available

◎ Related information of applicants and inventors

◎ File directly under the Paris Convention within 12 months from the earliest priority date;

◎ File via PCT national phase entry within 30 months from the earliest priority date, and it is feasible to request for an additional two-month grace period upon payment of extra official fees in case of late filing.

The official language for Chinese patents is Simplified Chinese, and the Chinese text must be provided at the time of filing.

◎ On December 21, 2023, CNIPA released the Patent Examination Guidelines in conjunction with the Implementing Regulations of the Patent Law and effective January 20, 2024, introducing a preliminary inventiveness examination of utility models.

◎ In our experience, there are some differences from the patent substantive examination: preliminary inventiveness examination of utility models primarily focuses on the relevant technical field or closely related fields, rather than unrelated fields. Additionally, when citing prior arts, utility model examinations typically reference only one or two cited documents.

◎ For initial filings of Chinese patents or those entering China directly through the Paris Convention, applicants have the option to file both patent and utility model applications on the same day. However, in the case of such "dual-filing" applications, the CNIPA typically defers the examination of the patent application while the utility model application undergoes regular process.

◎ Drawings and specification of the design application

◎ Scanned copy of the power of attorney

◎ Scanned copy of the priority document or DAS code, if available

◎ Scanned copy of deed of assignment, if available

◎ Related information of applicants and inventors

Entry is possible through the Paris Convention or the Hague Agreement extension. If priority is claimed, the application must be filed within 6 months from the earliest priority date.

In China, design patents undergo formal examination, whereby if no grounds for rejection are found during the preliminary examination of the design patent application, the design patent right can be granted. Additionally, based on our experience, the CNIPA may also reject applications for designs that lack novelty significantly.

Yes, China allows protection for partial designs. If a client wishes to file a partial design patent, they are suggested to file views of the entire product and indicate the desired protected content using a combination of dashed and solid lines.