Patent Filing in China:
A Comprehensive Guide to the Chinese Patent Filing Process
China has become an essential jurisdiction for intellectual property protection, with the China National Intellectual Property Administration (CNIPA), the Chinese patent office, receiving more patent applications than any other country (1.8 million filings in 2024 cnipa.gov.cn). For inventors and IP attorneys looking to apply for a patent in China, understanding the process is critical to safeguarding innovations in the world’s largest manufacturing hub and market. This comprehensive guide will walk you through the China patent filing process step by step, covering the types of patents available, application procedures, timelines, and key strategies. We’ll also highlight important differences in Chinese patent law and practical tips for navigating patent prosecution in China effectively. Whether you plan to file a patent in China directly or enter via the PCT national phase in China, this article will equip you with the knowledge to proceed confidently.
Types of Patents in China: Invention, Utility Model, Design
China’s patent system offers three distinct types of patents: Invention patents, Utility Model patents, and Design. Each type serves different purposes and has unique characteristics in terms of subject matter, examination process, and term of protection:
1. Invention Patent (发明专利)
This is analogous to a standard utility patent in other jurisdictions. It protects new technical solutions or improvements in products or processes. Invention patents undergo full substantive examination for novelty, inventive step, and industrial applicability before grant. They provide the longest protection term (20 years from filing) english.cnipa.gov.cn. An invention patent is suitable for significant technical innovations and broad protection.
2. Utility Model Patent (实用新型专利)
Often described as a “small invention” patent, the utility model covers new technical solutions related to the shape or structure of a product (physical features) that are fit for practical use. Notably, methods or chemical compositions cannot be protected by utility models only products with a definite shape/structure qualify. Utility models are not examined for substantive merit (no full novelty/inventive step examination pre-grant), which means they are granted after a formalities check. This leads to a faster and cheaper route to protection, though the trade-off is a shorter term (10 years from filing) english.cnipa.gov.cn and somewhat lower presumption of validity. Utility models are ideal when you need quicker protection for incremental improvements or when the invention’s lifecycle is short.
3. Design Patent (外观设计专利)
In China, design patents protect the ornamental appearance of a product (e.g. the shape, pattern, or color combination) and are granted without substantive examination. Applications undergo only a preliminary formality review to check documents and drawings, with no comparison against earlier designs at the time of grant. This expedited process makes design patents quicker and cheaper to obtain, but it also means their validity isn’t rigorously vetted upfront. As a result, the mere registration of a design patent does not automatically confer an enforceable exclusive right over the design – such patents are often considered “not stable enough” for enforcement until further scrutiny is applied.
To address this, China has established a Patent Evaluation Report system as a supplement to the preliminary examination process. The purpose of a Patent Evaluation Report is to subject the granted design patent to a thorough prior art search and substantive examination; the report then discloses whether the patent meets the statutory criteria and if the patent right is likely to be stable (i.e. valid). In essence, the evaluation report provides the patent office’s opinion on the novelty and validity of the design patent without directly determining the patent’s legal validity (it is an advisory assessment used as evidence in disputes). A positive evaluation report, indicating that no invalidating prior art was found, gives confidence that the design patent can withstand validity challenges and truly affords exclusive rights to its owner.
A Patent Evaluation Report is strongly recommended before enforcing a design patent in China. Courts often request it during infringement cases to confirm the patent’s validity, since design patents are granted without substantive examination. While not legally mandatory, lacking a report may delay proceedings and weaken the patentee’s position. The report can be requested from CNIPA at any time after grant, requires an additional fee per design, and is commonly obtained when preparing for enforcement or when proof of patent stability is needed.
Key Insight
China provides three patent routes to suit different innovations. Invention patents offer broad, long-term protection after full examination, while utility model patents and design patents can be obtained quickly without substantive examination for faster, cost-effective coverage of simpler technical improvements or product designs. Choose the patent type (or a combination) that best matches your invention’s nature and your business strategy.
Patent Filing Routes in China: Direct Filing vs PCT National Phase
When pursuing a patent application in China, applicants have two primary routes to file: the direct route (including Paris Convention priority filing) or the PCT national phase route. Your choice will depend on your overall IP strategy and timing.
1. Direct Filing in China (Paris Convention Route):
If you have not filed an international application via PCT, or if you wish to directly file in China, you can submit a Chinese patent application directly to CNIPA. Foreign applicants often use the Paris Convention to claim priority from an earlier foreign application, in such cases, the Chinese application must be filed within 12 months of the earliest foreign filing date for invention or utility model patents (or within 6 months for design patents). For example, if you first filed a patent in the US, you have 12 months to apply for patent in China with that priority date. This is commonly called a priority filing. If the 12-month period is missed, Chinese law now provides a mechanism to restore the priority within an additional 2 months with a valid reason and payment of a fee, aligning with some international practice. The direct route is often chosen when China is a key market and you want to expedite protection, or when you only plan to file in a few countries.
2. PCT National Phase in China:
If you have filed an international application under the Patent Cooperation Treaty (PCT) designating China, you can enter the Chinese national phase through CNIPA. The deadline for PCT national phase entry in China is 30 months from the priority date. China permits a straightforward 2-month extension (up to 32 months total from priority) as a matter of right, upon payment of a surcharge. This generous window gives PCT applicants extra time if needed. To enter the national phase, you must submit a Chinese translation of the application and pay the required fees by the deadline. The PCT route is advantageous for applicants pursuing global patents, as it consolidates the initial filing and delays country-specific decisions. It allows you to defer Chinese filing costs while keeping the option to file a patent in China alive during the international phase. Keep in mind that all CNIPA patent filing requirements (such as translation and local agent appointment) must be fulfilled at national phase entry, and no further extensions beyond 32 months are available.
If you know early that China is a critical market, a direct filing (or Paris Convention filing) can potentially get you a granted patent faster, since you can file as soon as your application is ready (and publication/examination in China will start earlier). Direct filing is also common for China design patent filing, given the 6-month design priority window. On the other hand, the PCT route offers flexibility – you gain up to 30 (–32) months to assess the invention’s commercial prospects and decide if China is worthwhile, and you unify the initial filing process. Many applicants use PCT for global coverage including China, while others file directly in China when time is of the essence or if they are only interested in a Chinese patent and perhaps a few others.
Regardless of route, China is party to both the Paris Convention and PCT, so you can leverage international systems confidently. Note that China is also a member of the Hague Agreement (as of 2022) for international design applications, but here we focus on the patent (invention/utility) filing processes.
If you know early that China is a critical market, a direct filing (or Paris Convention filing) can potentially get you a granted patent faster, since you can file as soon as your application is ready (and publication/examination in China will start earlier). Direct filing is also common for China design patent filing, given the 6-month design priority window. On the other hand, the PCT route offers flexibility – you gain up to 30 (–32) months to assess the invention’s commercial prospects and decide if China is worthwhile, and you unify the initial filing process. Many applicants use PCT for global coverage including China, while others file directly in China when time is of the essence or if they are only interested in a Chinese patent and perhaps a few others.
Regardless of route, China is party to both the Paris Convention and PCT, so you can leverage international systems confidently. Note that China is also a member of the Hague Agreement (as of 2022) for international design applications, but here we focus on the patent (invention/utility) filing processes.
Patent application procedure in China
Once you’ve chosen your filing route, it’s important to understand the step-by-step patent application in China process. The procedure with CNIPA involves several stages to go from application to an issued patent:
Preparation of Application Documents:
Prepare a full patent application in Chinese. China requires that all materials (description, claims, abstract, drawings) be submitted in Chinese language. This means you will need a professional translation if your application was originally drafted in another language. Accuracy in translation is crucial to avoid errors that could affect the scope of protection. Along with the technical documents, you will need to prepare formal paperwork, including a request form and, for foreign applicants, a Power of Attorney appointing a local patent agent (since non-residents must file through an authorized Chinese patent agency). If you are claiming priority from an earlier application, you should also gather the certified priority document or a WIPO Digital Access Service (DAS) code, to be submitted within the required time frame.
Filing the Application with CNIPA:
The application is filed with the CNIPA (either electronically or via paper, though electronic filing is the norm). The filing includes all the prepared documents (request form, specification with claims and abstract, any drawings, and for designs, the requisite images or drawings of the design). The official filing fee must be paid at this stage. The filing date is secured once CNIPA receives at least a Chinese version of the description and claims, having the correct documents in Chinese at filing is essential (missing parts can sometimes be added via a later submission if a priority is claimed, but it’s best to have a complete application to avoid complications).
Formalities (Preliminary Examination):
After filing, CNIPA conducts a preliminary examination to check for formal correctness and compliance with filing requirements. This includes verifying that the forms are in order, fees paid, the application is in proper form, and that the invention does not obviously belong to excluded subject matter. At this stage, the Office may issue notifications if any documents are missing or need correction (for example, if a page is missing, or if the abstract exceeds the word limit, etc.). For design and utility model applications, the preliminary examination is essentially the only examination prior to grant, since no substantive review of novelty is done. For invention patents, passing preliminary examination leads to the application being published in the patent gazette after 18 months from the filing or priority date (unless you request early publication). Publication means the application becomes public and searchable, which is an important milestone, after publication, the applicant can also request substantive examination (if not already requested).
Publication (for Invention Patents):
An invention patent application will be published by CNIPA around 18 months from the priority date (or earlier if you file a request for early publication). Publication is automatic once the time comes, provided the application hasn’t been withdrawn or rejected on formal grounds. Upon publication, the invention’s details are publicly disclosed. (Utility model and design applications, by contrast, are typically published at grant, since they are granted quickly without a separate publication stage at 18 months.) Publication is a key moment because it establishes your technology in the public domain as “patent pending,” and after this point, if anyone copies your invention, you could potentially seek reasonable compensation once your patent is granted.
Substantive Examination (for Invention Patents):
For invention patent applications, China uses a deferred examination system. You must request substantive examination within 3 years from the filing date (or earliest priority date). It’s usually advisable to request it as soon as you’re ready to move the application forward. Once the request is made (and the application is published), the application enters the queue for substantive examination by CNIPA examiners. During substantive examination, the examiners will assess patentability: novelty, inventive step, and industrial applicability of your invention. They will conduct prior art searches and compare your claims to existing technology. This stage often involves office actions: if examiners find issues (e.g., lack of novelty or clarity), they will issue an official examination report (office action), to which you can respond with arguments or claim amendments. The first examination report for Chinese invention patents is typically issued around 18 months after the exam request is filed, though timelines can vary based on the field and workload.
Grant and Registration:
If the application meets all requirements (either without objections or after you overcome any objections in examination), CNIPA will issue a Notice of Allowance (for invention patents) or direct decision to grant (for utility models and designs). To complete the registration, the applicant must pay the required grant fees and the first annual fee within the prescribed time (usually 2 months from the notice in China). Once the fees are paid, CNIPA will issue the official patent certificate and publish the patent grant in the gazette. For design and utility model patents, the grant can often occur within a year of filing due to the lack of substantive exam, whereas for invention patents the grant comes after successful substantive examination (which could be a couple of years post-filing, depending on how quickly examination was requested and progressed). After grant, patents in China are subject to annual maintenance fees to keep them in force.
Throughout this procedure, it’s crucial to work closely with your Chinese patent attorney/agent to respond to any CNIPA notices in a timely manner and to ensure translations and formal documents are accurate. Missing a deadline or requirement can result in abandonment of the application, though some remedies (like restoration of a lapsed application within a limited time) may be available in certain cases. With diligent prosecution, your application can proceed smoothly to grant.
Key Insight
The Chinese patent application process follows a structured path from filing to grant. For invention patents, expect an 18-month publication and a substantive examination phase (request exam by 3 years and navigate possible office actions). Utility models and designs skip substantive examination, making the road to grant much faster. Staying on top of formal requirements (Chinese translations, documents, deadlines) and promptly requesting examination are essential to keep your China patent application moving forward efficiently.
Patent Examination and Prosecution in China
Patent examination in China is rigorous for invention patents, and understanding the nuances of this stage will help applicants secure their rights more efficiently. Here we delve deeper into what to expect during examination and how to navigate patent prosecution in China – the process of responding to exam reports and securing allowance.
1. Substantive Examination (Invention Patents):
Once substantive examination is initiated for an invention patent, CNIPA examiners will thoroughly review the application. They check for absolute novelty (China requires that an invention be new worldwide as of the filing date) and inventive step (non-obviousness). If prior art is found that affects your invention’s novelty or obviousness, or if there are issues with clarity or scope of the claims, the examiner will issue an office action (officially, an Examination Opinion). Common objections include lack of inventive step (especially if only trivial differences over known technology exist), lack of support or clarity in the claims, or presence of non-patentable subject matter. Chinese examiners can be quite strict about formal claim language (for example, requiring consistent terminology and proper antecedent basis) and about literal support (the claims should not introduce concepts not explicitly supported by the description). Working with your Chinese patent attorney to address these objections is crucial, this may involve amending the claims or providing persuasive arguments. You typically get 2 opportunities to respond to substantive rejections; failing to overcome the objections can lead to a rejection. However, if an application is rejected, the applicant has the right to request a reexamination by the CNIPA’s Patent Reexamination and Invalidation Department (within 3 months of rejection), and further appeal to the specialized Intellectual Property Court in Beijing if needed. This appeals process is part of prosecution strategy if you strongly believe in your patent’s merits.
2. Examination Timeline and Acceleration:
A standard invention patent examination can take on the order of 2–3 years from filing to grant if the examination request is filed early. However, China offers ways to accelerate prosecution. One key mechanism is the Patent Prosecution Highway (PPH), China has PPH pilot agreements with many countries. These can be reviewed here [PPH China agreements].
If you have claims allowed in a corresponding application in, say, the US, Europe, Japan, etc., you can request accelerated examination in China based on those allowed claims. A PPH request, if granted, can significantly speed up examination, often cutting down the time by more than half.
Additionally, recent improvements allow for priority examination in certain circumstances (e.g. for important technology fields or if infringement is ongoing). On the flip side, China also allows deferred examination (for example, an invention patent examination can be deferred 1–3 years on, which can be a strategic tool if an applicant wants to postpone the process.
Key Insight
Gaining a Chinese patent, especially an invention patent, means engaging with CNIPA’s examination process proactively. Expect a thorough review of novelty and inventive step with possibly several office actions. Fast-track options like PPH can accelerate grant, which is valuable if time is of the essence. Remember that utility models and designs, while fast to obtain, may face validity scrutiny later – obtaining a Patent Evaluation Report and being prepared to defend the patent’s novelty is key when enforcing those rights. Successful prosecution in China requires attention to detail (especially in translations and amendments) and an understanding of China’s examination norms, so leverage experienced Chinese patent counsel to navigate this phase effectively.
Chinese Patent Law Considerations
When filing in China, it’s helpful to understand some aspects of Chinese patent law that may differ from other jurisdictions. These legal considerations can influence how you draft applications and enforce patents in China:
• First-to-File System:
China, like most countries (and unlike the old U.S. system pre-2013), operates on a pure first-to-file principle. The first person to file a patent application for an invention will generally have priority to the patent right. This makes timely filing in China important. If two applicants file similar inventions, the earlier filing date wins, regardless of who invented first. Also, if someone else independently files your invention in China before you do, they could secure the rights (assuming your invention wasn’t publicly disclosed to serve as prior art). So, do not delay filing in this fast-moving, first-to-file environment.
• Patent Term and Maintenance:
As noted, an invention patent lasts 20 years from the filing date, utility model 10 years, and design 15 years. There is no provision for patent term adjustment for examination delay (unlike e.g. in the US), but the 2021 law introduced patent term extension for new drug patents to compensate for lengthy regulatory approval, up to 5 additional years. Maintenance fees must be paid every year after grant to keep the patent alive; a 6-month grace period is allowed with surcharge if you miss a payment. If not paid, the patent lapses as of the due date. It’s critical to track these annuities (or use a service or firm that does) to avoid unintended loss of rights.
• Patent Subject Matter:
Chinese patent law defines what can and cannot be patented. Generally, methods of diagnosis or treatment of human diseases are not patentable in China (medical devices can be patented, but not methods of treating patients). Animal and plant varieties are excluded (these are protected by separate laws for plant breeders’ rights, except microorganisms which can be patented). Scientific discoveries, abstract scientific theories, and rules or methods for mental activities (like mathematical methods or business methods as such) are not patentable. Software inventions are patentable if they offer a technical solution.
• Inventive Step Standard:
The threshold for inventive step (non-obviousness) in China can sometimes be viewed as slightly different from, say, the U.S. or Europe. Chinese examiners often combine multiple prior art references to argue lack of inventive step. However, for utility model patents, Chinese it seems the law stipulates a lower inventive step requirement (often termed “beneficial effect”) compared to invention patents. This means some inventions that might be considered obvious for an invention patent might still qualify for a utility model. This is why you might successfully get a utility model granted for a marginal improvement that might struggle to pass as an invention patent. It’s a nuanced point, but keep it in mind when deciding what to file, a borderline case might be pursued as a utility model to at least get some protection.
Overall, Chinese patent law is harmonized in many ways with international norms, but these local specifics are worth noting to avoid surprises. The good news is the trend has been to strengthen patent protection and make the system more user-friendly (for example, allowing partial design patents, introducing open license systems with fee reductions, etc., are all recent developments).
Strengthen Your Global IP Strategy with a USA Patent
In today’s global innovation landscape, a China patent is a critical asset for both inventors and companies aiming to protect and commercialize their creations worldwide. China is not only a manufacturing powerhouse but also one of the largest consumer markets – meaning that if your product or technology succeeds, it’s likely to be present in China either through you or potential competitors. By securing patent rights in China, you add a robust layer of protection to your global IP portfolio.
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References
- United States Patent and Trademark Office (USPTO). Applying for Patents. Available here. (Reviewed on October 2025)
- United States Patent and Trademark Office (USPTO). 1893 National Stage (U.S. National Application Filed Under 35 U.S.C. 371). Available here. (Reviewed on October 2025)
- United States Patent and Trademark Office (USPTO). Maintain your Patent. Available here. (Reviewed on October 2025)
- United States Patent and Trademark Office (USPTO). 1505 Term of Design Patent. Available here. (Reviewed on October 2025)
- United States Patent and Trademark Office (USPTO). Patents Pendency Data September 2025. Available here. (Reviewed on October 2025)
- United States Patent and Trademark Office (USPTO). Voluntary early publication of patent applications. Available here. (Reviewed on October 2025)
- World Intellectual Property Organization (WIPO). Time Limits for Entering National/Regional Phase under PCT Chapters I and II. Available here. (Reviewed on October 2025)
