The Administrative Measures for Patent Prioritized Examination, having been deliberated and adopted at the 4th meeting of the China National Intellectual Property Administration (CNIPA) on July 16, 2026, are hereby promulgated and shall take effect on September 1, 2026.
Administrative Measures for Patent Prioritized Examination
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the relevant provisions of the Patent Law of the People's Republic of China (hereinafter referred to as the "Patent Law") and the Implementing Regulations of the Patent Law of the People's Republic of China (hereinafter referred to as the "Implementing Regulations"), for the purpose of further promoting the construction of an intellectual property powerhouse and regulating the work of patent prioritized examination.
Article 2 The work of patent prioritized examination shall adhere to the leadership of the Communist Party of China, adhere to high-quality development, help optimize the business environment, support the development of new quality productive forces, and promote the construction of an innovation-oriented country.
Article 3 The CNIPA is responsible for the administration of patent prioritized examination, accepting and examining prioritized examination requests, strengthening the guarantee of examination resources, and improving examination quality and efficiency. Intellectual property offices at provincial level are responsible for the recommendation of prioritized examination requests within their respective administrative regions.
The CNIPA may accept prioritized examination requests recommended by the relevant competent authorities under the State Council in accordance with these Measures.
Chapter II Conditions for Application
Article 4 The prioritized examination provided for in these Measures is applicable to the following types of patent applications or cases:
(1) Invention patent applications that are at the substantive examination stage and for which no first action has been taken, "first action" meaning that the examiner has commenced examination and issued a notification;
(2) Utility model and design patent applications;
(3) Reexamination cases for invention, utility model, and design patent applications (hereinafter referred to as "reexamination cases");
(4) Invalidation cases for invention, utility model, and design patents (hereinafter referred to as "invalidation cases").
Prioritized examination conducted under bilateral or multilateral agreements signed between the CNIPA and patent examination authorities of other countries or regions, or expedited examination conducted after pre-examination qualification by a national-level intellectual property protection center or fast right-protection center, shall be handled in accordance with the relevant provisions and shall not be subject to these Measures.
Article 5 For patent applications and reexamination cases that possess significant innovative value and prospects for utilization and commercialization, if they meet one of the following circumstances, the patent applicant or reexamination petitioner may request prioritized examination:
(1) They relate to emerging industries and future industries, or to research and development on key core technologies;
(2) They relate to industries that are key priorities encouraged by the governments at provincial and municipal (with districts) levels;
(3) The patent applicant or reexamination petitioner has already industrially implemented the invention-creation or has made practical preparations for industrial implementation, or there is evidence that another party is implementing the invention-creation;
(4) The Chinese patent application is an application first filed in China on the same subject matter, and a request for substantive examination has subsequently been filed in another country or region for that subject matter;
(5) Other circumstances in which the applications are of significant importance to national interests or public interests.
Article 6 For invalidation cases, the invalidation petitioner or the patentee may request prioritized examination under any of the following circumstances:
(1) The patent involved is the subject of an infringement dispute, and the parties have requested handling by a local intellectual property office or have initiated litigation in a people's court;
(2) The patent involved is the subject of a dispute, and the parties have requested the CNIPA to conduct an administrative adjudication of major patent infringement disputes, or an administrative adjudication under the Early Resolution Mechanism for Drug Patent Disputes, or mediation for the Implementation of Patent Open Licenses;
(3) The patent involved is the subject of a licensing contract dispute, and the parties have requested arbitration by an arbitration institution;
(4) The patent involved is of significant importance to national interests or public interests.
The local intellectual property office or the people's court provided for in Article 6(1) and the arbitration institution provided for Article 6(3) may file a request for prioritized examination of the invalidation case of the patent in question.
Article 7 Patent agencies providing services to patent applicants or parties involved for requesting prioritized examination shall maintain a good credit rating and a high level of business and service capability, and consciously fulfill their obligations of industry self-discipline.
Article 8 Patent applications or cases falling under any of the following circumstances shall generally not be granted prioritized examination:
(1) The patent application is a divisional application, and its parent application has already been granted expedited examination;
(2) The patent application is an invention patent application, and the applicant has also filed a utility model patent application for the same invention-creation on the same day;
(3) The patent application, reexamination case, or invalidation case has already been granted prioritized examination or other forms of expedited examination within its respective examination proceeding;
(4) There is clear evidence that the patent application for which prioritized examination was requested under Article 5(4) of these Measures does not have prospects for grant.
Chapter III Filing of Requests
Article 9 When there are two or more patent applicants, reexamination petitioners, or patentees, a request for prioritized examination under Article 5 or Article 6(1) of these Measures shall be filed with the consent of all applicants, all reexamination petitioners, or all patentees.
Article 10 Patent applications or cases for which prioritized examination is requested shall be filed in a compliant electronic format.
Article 11 Where an applicant requests prioritized examination for an invention, utility model, or design patent application, they shall submit a prioritized examination request form and materials related to the applicable circumstances under Article 5 of these Measures; except for the circumstances under Article 5(4) of these Measures, the prioritized examination request form shall bear the recommendation opinion of the relevant competent authority under the State Council or an intellectual property office at provincial level. The applicant may submit materials relating to prior art or prior design information that may assist in expediting the examination process.
Where a party requests prioritized examination for a reexamination case or an invalidation case, they shall submit a prioritized examination request form and materials related to the applicable circumstances under Article 5 or Article 6 of these Measures; the prioritized examination request form shall bear the recommendation opinion of the relevant competent authority under the State Council or an intellectual property office at provincial level.
Where a local intellectual property office, a people's court, or an arbitration institution requests prioritized examination for an invalidation case, they shall submit a prioritized examination request form and state the reasons therefor.
Article 12 Except for the fees that shall be paid as prescribed by the Patent Law and the Implementing Regulations, the CNIPA shall not charge any additional fees for patent applications or cases for which prioritized examination is requested.
Chapter IV Review and Examination Procedures
Article 13 Intellectual property offices at provincial level shall recommend patent applications or cases for prioritized examination in accordance with Articles 4 to 8 of these Measures, and shall state the reasons for the recommendation; where the prioritized examination requester submits false materials or otherwise engages in acts violating the principle of good faith, the recommendation shall not be made.
Article 14 After accepting a prioritized examination request, the CNIPA shall review the prioritized examination request form, the recommendation reasons, and the relevant materials in accordance with these Measures. For formal defects in the request materials, the prioritized examination requester shall be permitted to make rectifications. After review, the CNIPA shall make a decision on whether to grant prioritized examination and shall notify the prioritized examination requester of its review opinion.
Article 15 For a patent application or case for which prioritized examination has been granted by the CNIPA, the handling shall be completed within the following time limits starting from the date of issuance of the Notification of Grant of Prioritized Examination, except in cases involving complicated or difficult circumstances:
(1) For an invention patent application, the first action shall be taken within forty-five days, and the case shall be concluded within one year;
(2) For a utility model or design patent application, the case shall be concluded within two months;
(3) For a reexamination case, the case shall be concluded within seven months;
(4) For an invalidation case of an invention or utility model patent, the case shall be concluded within five months, and for an invalidation case of a design patent, the case shall be concluded within four months.
Article 16 For a patent application for which prioritized examination is granted, the applicant shall file responses or rectifications as soon as possible. The time limit for the applicant to reply to an office action for an invention patent application shall be one month from the date of issuance of the office action; the time limit for the applicant to reply to a notification of rectification or an office action for a utility model or design patent application shall be fifteen days from the date of issuance of the notification or office action.
Article 17 For a patent application for which prioritized examination is granted, under any of the following circumstances, the CNIPA may terminate the prioritized examination procedure and handle it under the ordinary procedure, and shall promptly notify the prioritized examination requester:
(1) After the CNIPA has issued the Notification of Grant of Prioritized Examination, the applicant amends the application documents pursuant to Rule 57(1) & (2) of the Implementing Regulations;
(2) The applicant's response period exceeds the time limit specified in Article 16 of these Measures, or the applicant requests an extension of the response period;
(3) The applicant submits false materials or otherwise engages in acts violating the principle of good faith.
Article 18 For a reexamination case or invalidation case for which prioritized examination is granted, under any of the following circumstances, the CNIPA may terminate the prioritized examination procedure and handle it under the ordinary procedure, and shall promptly notify the prioritized examination requester:
(1) The reexamination petitioner delays the response;
(2) After the CNIPA has issued the notification of Notification of Grant of Prioritized Examination, the invalidation petitioner supplements evidence and grounds, or the patentee amends the claims in a manner other than by deletion;
(3) The patent reexamination or invalidation proceeding is suspended;
(4) The adjudication of the case depends on the examination conclusion of other cases;
(5) The party submits false materials or otherwise engages in acts violating the principle of good faith.
Chapter V Supervision and Administration
Article 19 The CNIPA shall, based on factors such as the local management of patent prioritized examination, the recommendation and follow-up examination of prioritized examination requests, the implementation of intellectual property protection and utilization, and the support for key national industries and major strategies, allocate and adjust the quota for patent prioritized examination in each locality, and shall determine the overall number of patent prioritized examinations based on overall demands and examination capacity.
Article 20 Intellectual property offices at provincial level shall formulate rules for prioritized examination and recommendation, clarify recommendation standards, and ensure that the recommendation process is fair, just, open, and transparent, so as to strengthen the management of and targeted services for prioritized examination requesters.
Article 21 Staff members engaged in the recommendation, review, examination, and administration of prioritized examination shall strictly comply with the relevant provisions of laws and regulations and shall not engage in acts such as dereliction of duty, abuse of power, or favoritism or other misconduct.
Article 22 For prioritized examination requesters or patent agencies that have engaged in acts violating the principle of good faith, the CNIPA shall not accept any prioritized examination requests filed by them within one year from the date the relevant act is determined.
Chapter VI Supplementary Provisions
Article 23 The CNIPA is responsible for the interpretation of these Measures.
Article 24 These Measures shall take effect on September 1, 2026. The Administrative Measures for Patent Prioritized Examination promulgated by Order No. 76 of the CNIPA on June 27, 2017 shall be repealed simultaneously.
