HomeIP-GuideChina General informationInvention (Paris Convention) China
  • International Country Code:

    CN
  • Time Zone:

    UTC/GMT +08:00
  • Currency:

    Chinese Yuan Renminbi (CNY)

Patent in China (non-PCT)

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  • Patent fees

Fees associated with filing patent applications in China, as well as other patent fees, are available in the fee calculator.

  • Term for filing a patent application in China

The term for filing a patent application claiming priority with the State Intellectual Property Office of China is 12 months from the priority date. The term may be extended for two additional months.

  • 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 State Intellectual Property Office of China with the applicant’s and inventor’s details and application materials.

A simply signed copy of Power of Attorney should be provided within two months from the filing date.

A certified copy of the Priority Document must be provided within three months from the filing date of a patent application in China. The title of the priority document must be translated into Chinese.

It is not necessary to provide the Assignment Deed between applicant(s) and inventor(s) when filing a patent application.

  • Examination of a Chinese patent application

Patent applications in China undergo formal and substantive examinations. Request to conduct substantive examination must be filed within three years from the filing date or, if priority is claimed, from the priority date.

  • Novelty grace period

The disclosure of information about an invention within six months prior to filing in China does not disprove its novelty if:
- 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.

There is no official grant fee in China. 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.

  • Duration of registration procedure

Average processing time for patent registration procedure in China is 3 years.

  • Utility Model

Inventions may also be protected as Utility Models in China, which are subject to formal examination only.

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.

Maximum protection period of a utility model in China is ten years from the date of filing.

  • Representation by a patent attorney

Foreigners must perform patent prosecution in China through an agent, a Chinese patent attorney registered before the State Intellectual Property Office.

  •  Notes

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, providing 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.

Brief summary is based on the information provided by Standard Patent & Trademark Agent LTD. on 14.01.2019
Please contact us if the above information contains any discrepancies with Chinese IP Laws

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