Chinese Patent Filing Guideline

- 2015-10-09

I. PCT National Phase Application

Types:

When entering into China national phase, it is possible for the PCT applicant to choose whether to file a patent for invention application, or a patent for utility model application if the PCT application meets definition of utility model patent. Howver, one PCT application can enter into China national phase once only.

Time Limit:

China national phase application should be filed within 30-month term, and in any event, no later than 32-month term, from the filing date of the international application, or from the earliest priority date if any.

Language:

Chinese patent application must be filed in Chinese language.

Official Fee for Extra Claims Exceeding 10:

SIPO charges RMB150 for each claim exceeding 10.

Official Fee for Extra Specification Exceeding 30 Sheets (including drawings and sequence listing if any):

SIPO charges RMB50 for each sheet of specification exceeding 30 sheets and charges RMB100 for each sheet of specification exceeding 300 sheets. Electronically published sequence listing part in international phase is also calculated.

Information or documents required:

1) For filing purpose, a copy of the International Publication of the PCT application is needed—at least the PCT application number or publication number;

2) Power of attorney, which can be later filed later;

 

II. Regular Patent Application (Non-PCT)

Types:

Patent for Invention, Patent for Utility Model, and Patent for Design

Time Limit: For a Chinese patent for invention or utility model application, the deadline for filing in China with claiming priority (ies) is 12 months from the earliest priority date, while it is 6 months for a Chinese design patent application

Language:

Chinese translation must be submitted at the time of filing.

Official Fee for Extra Claims Exceeding 10:

SIPO charges RMB150 for each claim exceeding 10.

Official Fee for Extra Specification Exceeding 30 Sheets (including drawings and sequence listing if any):

SIPO charges RMB50 for each sheet of specification exceeding 30 sheets and charges RMB100 for each sheet of specification exceeding 300 sheets. Electronically published sequence listing part in international phase is also calculated.

Information or documents required:

a) A copy of description, claims, abstract, and drawings if any;

b) Applicant(s)’ name, nationality, and address;

c) Inventor(s)’ name and, the first inventor’s nationality;

d) Priority data including application No., filing date and the Patent Office with which the priority application was filed (if priority is claimed);

e) Power of attorney, which can be filed normally within three months from the Chinese filing date.

III. General Notes:

1. For a Chinese patent for invention application, the applicant must file a request for substantive examination within three years from the filing date or the earliest priority date, if any.

2. For a Chinese patent for invention application, the applicant has two chances to voluntarily amend the application after filing: one is at the time of requesting the substantive examination; and the other is within three months from receipt of the Notification of Entry into substantive examination.

3. For a Chinese patent for utility model or design application, the applicant has only one chance to voluntarily amend the application after filing, that is, within two months from the Chinese filing date.

4. Divisional patent application can be filed at any time during pending of the parent application, but no later than expiration of two months from receipt of the Notification of Allowance of the parent application.

5. Under current Chinese patent practice, no grant, no maintenance fee. After grant, the patentee should pay patent annuity every year.

 

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