Chinese Patent Filing Guideline

1. Regular patent application for inventions:
1) A copy of description, claims, abstract, and drawings if any;
2) Applicant and inventor(s) information, including name, nationality, and address;
3) Priority data—country, application number, and filing date;
4) Priority document—certified copy of the prior application, that may be submitted within three (3) months from the Chinese filing date;
5) Power of attorney, that may be submitted within three (3) months from the Chinese filing date; it must be original, but no legalization is required.
6) Assignment—required if there is any change of applicant (for most of the U. S. based applications). The Assignment must be original or a copy with notarization, or an officially certified copy.
7) Note: The Chinese application must be filed before the expiration of the 12 months priority term. If there is no priority claim, the Chinese application must be filed before any publication or other public disclosure of the invention anywhere.   

2. Completion of PCT application in China (entry of national phase):
1) A copy of PCT publication—at least the PCT publication number, or a copy of the originally filed PCT application if not yet published;
2) Applicant and inventor(s) information, including name, nationality, and address (if different from that on the PCT pamphlet);
3) Priority document—NOT required, if submitted during PCT procedure;
4) Power of attorney, that may be submitted within three (3) months from the Chinese entry date; it must be original, but no legalization is required.
5) Assignment—NOT required, if there is no change of applicant during PCT procedure or in China naitonal phase;
7) Note: The Chinese application may be filed within two (2) months after the expiration of thirty (30)-months term; but there will be a charge of RMB1000.

3. The documentation of the Chinese utility model patent applications is similar to the patent for inventions as set out above.  However, Chinese utility model patents have no substantive examination.

4. The documentation of Chinese design patent applications:
1) A set of design drawings or a copy of the prior foreign application; No shading lines or other effective lines are permitted, but various views showing the ornamental features are required.  A brief description about the design and the drawings is required after February 1, 2010.  A design patent application may include no more than 10 similar designs, but should designate one design as basic design.
2) Applicant and inventor(s) information, priority, and assignment, (see same requirements for invention patent above)

5. For patent for invention applications, substantive examination must be requested within three (3) years from the first (priority) filing date. This term is not extendible.

6. Effective from February 1, 2010, for pending Chinese patent applications including those filed before but still pending till February 1, 2010 , no maintenance fee is required.  After grant of patent, patent annuities shall be paid every year.