Legislation
The Patent Law is enacted to protect the legitimate rights of patentees, to encourage inventions-creations, to advance the exploitation of inventions-creations, to enhance innovation capability, and to promote the progress of science and technology and the development of economy and society.
Inventions and creations or invention-creations in the China patent law include inventions, utility models, and designs.
Patent Law & Implementing Regulations
Patent Law: Adopted by the Standing Committee of National People's Congress on March 12, 1984 and entering into force on April 1, 1985, amended for the first time on September 4, 1992, amended for the second time on August 25, 2000, amended for the third time on December 27, 2008, amended for the fourth time on October 17, 2020 and entering into force on June 1, 2021.
Implementing Regulations: Promulgated by the State Council on January 19, 1985 and entering into force on April 1; revised on December 12, 1992 and entering into force on January 1, 1993; and repealed on July 1, 2001. Promulgated on June 15, 2001 and entering into force on July 1, 2001, revised for the first time on December 28, 2002, revised for the second time on January 9, 2010, and revised for the third time on December 11, 2023 and entering into force on January 20, 2024.
International Conventions
China became a member of the Convention Establishing the World Intellectual Property Organization on June 4, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Patent Cooperation Treaty (PCT) on January 1, 1994, the Regulations under the Patent Cooperation Treaty on January 1, 1994, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure on July 1, 1995, the Locarno Agreement Establishing an International Classification for Industrial Designs on September 19, 1996, the Strasbourg Agreement Concerning the International Patent Classification on June 19, 1997, the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001, and the Hague Agreement Concerning the International Registration of Industrial Designs on May 5, 2022.
China Patent Administration
The China National Intellectual Property Administration (CNIPA) is responsible for the patent work throughout the country. It receives and examines patent applications, and grants patents in accordance with the law.
The local intellectual property offices in provinces, autonomous regions and municipalities directly under the central government are responsible for the administrative work concerning patents in their respective administrative areas.
Types of Patents
There are three types of patents in China: invention patents, utility model patents and design patents.
How to Obtain a Patent in China:
For obtaining a patent, the right holder of invention-creations may directly submit a patent application to the CNIPA. After examinations, the CNIPA will grant a patent if the conditions for granting a patent are met.
For the details about obtaining a patent through direct applications under Paris Convention before the CNIPA, please see
Outline of CN Patent System_Basics_ Invention,
Outline of CN Patent System_Utility Model,
Outline of CN Patent System_Design.
This article primarily addresses PCT international patent applications, as well as seeking Chinese invention patent or utility model patent protection through Chinese national phase entry of PCT applications.
Why to Obtain Patents in Other Countries
Patents are territorial in nature and are only protected in the country where the patent is granted.
Where an enterprise has obtained a patent for its invention in its own country but has not obtained a patent in another target country, the invention covered by the patent in its own country will not be protected in that target country. Therefore others in that target country may exploit its invention for free.
In such case, the enterprise will have no advantages brought by patent protection in the market of that target country, which will affect the enterprise's competitiveness in that market. In addition, if others have similar patents in the target country, the enterprise may also face the risk of being sued for patent infringement.
Therefore, in order to avoid possible disadvantageous situations, an enterprise in any country should consider applying for patents in other target countries outside their own country before exporting their products to such target countries, thereby seeking patent protection and safeguarding their legitimate rights and interests.
How to Obtain Patents in Other Countries
Invention and utility model owners generally have two options for seeking patent protection and obtaining patents in other countries:
- Applying directly to a patent office in a target country or region for patent protection;
- Submitting an international patent application in accordance with the Patent Cooperation Treaty ("PCT"), and then entering into each target country/region for their examination and patent grant.
Direct Applications
To directly apply for patents in a designated country or region, the owner needs to submit a patent application to the relevant authority of the country or region and pay the relevant official fees. After the authority examines and decides to grant patents, the owner may obtain patents.
The regions mentioned above include:
(1) European Patent Organization (EPOrg): currently having 39 member states, including Albania, North Macedonia, Iceland, Liechtenstein, Monaco, Norway, San Marino, Serbia, Switzerland, Turkey, the United Kingdom and Montenegro, as well as the 27 European Union member states (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden);
(2) Eurasian Patent Organization (EAPO): currently having 8 member states, including Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Turkmenistan;
(3) African Regional Intellectual Property Organization (ARIPO): currently having 22 member states, including Botswana, Cape Verde, Swaziland, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Seychelles, Sierra Leone, Somalia, Sudan, Tanzania, Uganda, Zambia and Zimbabwe;
(4) African Intellectual Property Organization (OAPI): currently having 17 member states, including Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo;
(5) Gulf Cooperation Council (GCC): currently having 6 member states, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates.
Each of specific countries or regions has different regulations and costs. Generally, the costs in developed countries are higher, and the costs in developing countries are lower.
Please contact us directly when you have such needs.
This article focuses on international applications, and filing direct applications will be discussed in another article separately.
PCT International Applications
The PCT currently has 158 contracting states. For a list of the contracting states, please see: https://www.wipo.int/en/web/pct-system/pct_contracting_states
Through the PCT route, an applicant can simultaneously seek patent protection for its invention in numerous PCT contracting states by filing a single PCT international patent application; then the application enters the national/regional phase in each country or region and goes through the patent examination and grant process with each corresponding patent office for patent grant.
Direct Application vs. International Application
There are advantages and disadvantages to applying for patents directly abroad or through international applications.
Direct Application: The prosecution process is relatively simple, with a shorter grant time and lower fees. However, applications must be filed one by one separately in the languages of the target countries, and the filing period is shorter (within the 12-month priority period).
PCT International Application: The filing process is simplified, requiring only one international application. Before entering into national/regional phases, you can refer to the international search report to assess the novelty and inventiveness of your invention, increasing your chances of obtaining a patent. However, the whole process is slightly longer than filing a direct application, and there are additional international phase fees. The specific advantages are explained in more detail below.
If you need to file a PCT international application and seek international protection for your invention, please contact us directly.
PCT International Patent Application
The PCT (Patent Cooperation Treaty) international application is an international patent application process based on the Patent Cooperation Treaty, administered by the World Intellectual Property Organization (WIPO), and participated by the authorities of all contracting countries. Its purpose is to provide applicants with a more efficient way to seek patent protection in multiple countries simultaneously, streamlining the application process.
The PCT international patent application procedure consists of an international phase and a national/regional phase:
In the international phase, the applicant files a PCT international application. The WIPO International Bureau publishes the application and the search report conducted by the International Searching Authority.
In the national/regional phase, the applicant, based on the international application, submits a request for entry into a specific designated country or region. The relevant authority of that country or region then examines the application and decides whether to grant the patent.
I. International Phase
Filing an International Application
An applicant must submit a PCT international application to a PCT receiving office. Application documents must be in the prescribed language(s). The PCT receiving office is typically the patent office of the applicant's home country. For Chinese applicants, the CNIPA serves as the receiving office and accepts application documents in both Chinese and English.
PCT international applications may enjoy priority. If a claim of priority is made in an international application, the PCT international application must be filed with the receiving office within 12 months of the earliest priority date (the filing date of the earliest prior application).
The international phase of a PCT international application begins on the date when the application is filed with the receiving office, i.e. the application date (also called filing date).
International Search
When an applicant files an international application, an International Searching Authority (ISA) is designated. This ISA conducts a search on the international application and issues a search report and a written opinion. This search report provides only a preliminary assessment of the novelty, inventive step, and industrial applicability of the invention and does not have any binding legal effect in the designated countries/regions.
Article 19 Amendment: After receiving the international search report, the applicant may amend the claims. The time limit for such amendments is two months from the date of transmittal of the international search report or 16 months from the priority date, whichever is later.
International Publication
The International Bureau of WIPO publishes the application documents and related information of the international application ("international publication"), typically eighteen months from the priority date. If you wish to have your international application published earlier, you may file a request for early publication with the International Bureau and pay an additional publication fee.
International Preliminary Examination (Optional)
International preliminary examination is not a mandatory procedure. This procedure requires an official fee, and the international preliminary examining authority (IPEA) will ultimately issue an international preliminary examination report (International Preliminary Report on Patentability, IPRP). This report also provides a preliminary, non-legally binding opinion on the novelty, inventive step, and industrial applicability of the invention.
Article 34 Amendment: At the stage of requesting international preliminary examination, applicants may amend all application documents. The deadline for making amendments is either concurrently with the submission of the request for international preliminary examination or before the examiner completes the international preliminary examination report.
The deadline for filing an international preliminary examination request is three months from the date of transmittal of the international search report or the date of declaration of non-preparation of an international search report, or twenty-two months from the earliest priority date, whichever expires later.
Applicants may decide whether to request so based on their needs. Normally this examination is not necessary for many applicants since they can see the preliminary assessment of the novelty, inventive step, and industrial applicability of the invention from the international search report (ISR) by ISA.
However, through this procedure, an applicant can amend claims and other application documents based on the opinions on the novelty, inventive step, and industrial applicability in ISR, and seek further opinions on the novelty, inventive step, and industrial applicability of the amended claims in IPRP, which may be necessary for some applicants.
For an international application without the international preliminary examination request, which is called international application under Chapter I, the international phase ends after the International Bureau of WIPO publishes the international application and the international search report.
For an international application with the international preliminary examination request, which is called international application under Chapter II, the international phase ends after the International Bureau of WIPO publishes the international application, the international search report, and the preliminary examination report.
When to Enter National/Regional Phases
Entering national/regional phases is necessary for PCT route. After completing the formalities for entering the national phase of an international application in a target country or region, the patent office of that country or region will conduct a substantive examination and decide whether to grant the patent.
Entry Deadline
Most member countries allow applicants to enter the national or regional phase within 30 months from the earliest priority date, and some others allow 31 months but a few have different deadlines.
Thirty months from the priority date:
China, Austria, Brazil, Canada, Switzerland, Chile, Spain, Israel, Italy, Japan, Mexico, Malaysia, the African Intellectual Property Organization, Singapore, the United States, etc.;
Thirty-one months from the priority date:
Australia, Belarus, Germany, Denmark, the European Patent Organization, Finland, the United Kingdom, Indonesia, India, South Korea, Norway, New Zealand, Sweden, Thailand, etc.;
A few countries may have earlier deadlines or later deadlines than 30 or 31 months for national/regional phase entry. Please see:
https://www.wipo.int/en/web/pct-system/texts/time_limits
Benefits of the PCT Route
Simplified Procedures
The PCT allows applicants to seek patent protection in multiple countries by filing a single international application.
Based on this single international application, the applicant enters multiple national phases respectively. These countries acknowledge the international application documents submitted during the PCT filing and application numbers, and conduct examination for patent grant.
Chinese applicants can prepare their application documents in either Chinese or English and submit international applications to the CNIPA. The CNIPA, acting as the Receiving Office, International Searching Authority, and International Preliminary Examining Authority, accepts PCT international applications filed by Chinese citizens, residents or entities, or residents or entities in Hong Kong, Macao, and Taiwan regions.
More Time for Preparation
Direct applications under Paris Convention require filing a patent application in a foreign country within twelve months from the priority date.
With the PCT route, applicants can complete their preparations for entry into the designated countries or regions within thirty months (thirty one months in some countries, less months for a few countries, see above) from the priority date. This allows more time to prepare necessary funds for the national phases and make necessary assessments.
Unified Application Documents
The international application documents filed at international phase and published by the International Bureau will be used in multiple designated countries or regions for national/regional phases, thereby achieving uniformity in the application documents in various countries/regions.
Early Patentability Assessment
In the international phase, from the international search report and written opinions, applicants can have an early assessment of the patentability of the invention and then based on it make a final decision on whether it is worth to pay high expenses for continuing national phases.
Applicants may amend the claims accordingly either in the international phase or later in the national phases, to increase the chances of patent grant in the national phases.
Applicants with special needs can also further request preliminary examination in the international phase and amend the claims. The preliminary examination opinions on the amended claims would help applicants further assess the patentability of the amended claims and then determine whether to enter the national phases.
Comparison with Direct Applications
An example of the simplified timeline comparison of the direct application (Paris Convention) and PCT international application procedures is shown below.
II. Chinese National Phase
This section will discuss about the conditions and procedures for Chinese national phase entry of PCT international patent applications (“PCT application”).
Entry into Chinese National Phase
The prerequisites for a PCT application to enter the Chinese national phase are that a valid PCT application has been submitted in the international phase in which China is designated, and this PCT application has been published by WIPO.
Application Date
A PCT application that has an international Application date and designates China under the Patent Cooperation Treaty is deemed as a patent application filed with the CNIPA, and that international Application date shall be deemed as the application date of the Chinese patent application.
Entry Deadline
The applicant of a PCT application must complete the procedures for entering the Chinese national phase with the CNIPA within thirty months from the priority date. If the applicant fails to complete the procedures within this period, it or he or she can complete the procedures for entering the Chinese national phase within thirty two months from the priority date after paying a grace period fee.
Entry procedures
For entering into Chinese national phase, the following requirements must be met:
(1) Submitting an Application Form in Chinese including a written declaration of entry into the Chinese national phase, stating the international application number and the type of patent sought;
(2) Paying the application fee and publication printing fee; if entering within 32 months, additionally paying the grace period fee;
(3) If the PCT application is filed in a foreign language, submitting a Chinese translation of the description and claims of the original PCT application;
(4) Indicating the title of the invention, name and address of the applicant and name of the inventor in the written declaration of entry into the Chinese national phase, which shall be consistent with the records of the International Bureau; if the inventor is not stated in the PCT application, stating the name of the inventor in the above declaration;
(5) If the PCT application is filed in a foreign language, submitting a Chinese translation of the abstract; if there are drawings and abstract drawing, submitting a copy of the drawings and specifying the abstract drawing; if there are texts in the drawings, replacing them with the corresponding Chinese texts;
(6) If the applicant has been changed in the international phase with the International Bureau, providing supporting materials proving that the changed applicant has the application rights, if necessary;
(7) Paying additional fee if necessary.
When entering into Chinese national phase, applicants must select the type of patent, invention or utility model patent application, for the Chinese national phase application. After the entry procedures are completed, the application will undergo examination, with the specific process depending on the selected type of patent.
Where the requirements of items (1) to (3) above are met, the CNIPA shall assign an application number, specify the date on which the PCT application enters the Chinese national phase (“entry date)), and notify the applicant that its PCT application has entered the Chinese national phase.
Where the PCT application has entered the Chinese national phase but does not meet the requirements of items (4) to (7) above, the CNIPA shall notify the applicant to make rectifications within a specified time limit; if the rectifications are not made within the time limit, the national phase application shall be deemed withdrawn.
Termination of validity
The validity of a PCT application in China shall terminate if any of the following circumstances occurs:
(1) The PCT application is withdrawn or deemed withdrawn in the international phase, or the designation of China in the PCT application is withdrawn;
(2) The applicant fails to complete the procedures for entering the Chinese national phase within 32 months from the priority date;
(3) The applicant requests to enter into the Chinese national phase but still fails to meet the requirements of items (1) to (3) of the above entry procedures until the expiration of 32 months from the priority date.
If the validity of a PCT application in China is terminated due to the circumstance in the above item (1), the applicant cannot revive the application on the grounds of force majeure or other justifiable reasons.
If the validity of a PCT application in China is terminated due to the circumstance in the above item (2) or (3), the applicant cannot revive the application on the grounds of other justifiable reasons.
Review
If a PCT application is not accorded an international application date or is deemed withdrawn by an international authority in the international phase, the applicant may, within two months from the date of receipt of the notification, request the International Bureau to transmit a copy of any document in the PCT application file to the CNIPA, and meanwhile request to enter the Chinese national phase with the CNIPA. Upon receipt of the documents transmitted by the International Bureau, the CNIPA shall review the correctness of the decision made by the international authority.
Amendments in the International Phase
Where a PCT application has been amended in the international phase and the applicant requests that the application be examined based on the amended application documents, the applicant shall submit a Chinese translation of the amended parts within 2 months from the date of entry. If a Chinese translation is not submitted within this period, the CNIPA will not consider the amendments submitted by the applicant in the international phase.
Non-Prejudicial Disclosure
Where the invention involved in the PCT application falls under one of the circumstances listed in item (2) (i.e., first exhibited at an international exhibition sponsored or recognized by the Chinese government) or item (3) (first published at a prescribed academic conference or technical conference) of the non-prejudicial disclosure provisions of Article 24 of the Patent Law, and a declaration was made when filing the PCT application, the applicant shall explain this in the written declaration of entry into the Chinese national phase and submit relevant supporting documents within two months from the date of entry.
Where no explanation is made or no supporting documents are submitted within the deadline, the application shall not be subject to the provisions on non-prejudicial disclosure.
Deposit of Biological Material
Where an applicant has provided information regarding the deposit of biological material in accordance with the Patent Cooperation Treaty, the applicant is deemed to have satisfied the requirements for providing information regarding the biological material in the application and description. The applicant must indicate the document recording the deposit of the biological material and the specific location of the information in such document in the declaration of entry into the Chinese national phase.
Where an applicant has provided information regarding the deposit of biological material in the description of the originally filed international application but has not provided such information in the declaration of entry into the Chinese national phase, the applicant must make a rectification within four months from the entry date. Where no rectification is made within the specified period, the biological material will be deemed not to have been deposited.
Where an applicant submits a certificate of deposit of biological material and a certificate of viability to the CNIPA within four months from the entry date, the submission will be deemed to have been made within the specified time limit.
Genetic Resources
Where the invention-creation involved in the international application is developed relying on genetic resources, the applicant must indicate this in the written declaration of entry into the Chinese national phase and indicate the related information in the relevant form.
Priority
Where an applicant has claimed one or more priorities in the international phase, and such priority claims continue to be valid upon entry into the Chinese national phase, a written declaration shall be deemed to have been made for the Chinese national phase application in accordance with the regulations.
The applicant shall pay the priority claim fee within two months from the entry date. Where the fee is not paid or not fully paid by the deadline, the priority claim shall be deemed not to have been made.
Where an applicant has submitted a certified copy of the prior application documents in the international phase, it is not necessary to submit a certified copy of the prior application documents to the CNIPA when entering the Chinese national phase. If an applicant has not submitted a certified copy of the prior application documents in the international phase, the CNIPA may, if it deems it necessary, notify the applicant to submit the copy within a specified time limit. If the applicant fails to submit the copy within the specified time limit, the priority claim shall be deemed not to have been made.
Where the filing date of the PCT application is within two months from the expiration of the priority period, and the Receiving Office in the international phase has approved the restoration of the right of priority, the request for restoration of the right of priority shall be deemed to have been made for the Chinese national phase application in accordance with the regulations. Where the applicant has not requested restoration of the right of priority in the international phase, or if a request for restoration of the right of priority has been made but the Receiving Office has not approved it, the applicant may, if having justifiable reasons, request restoration of the right of priority with the CNIPA within two months from the entry date.
Early processing
Where an applicant requests the CNIPA to process and examine a PCT application in advance before the expiration of 30 months from the priority date, in addition to completing the formalities for entering the Chinese national phase, the applicant shall also make a clear request for early processing.
Where the International Bureau has not yet transmitted the international application to the CNIPA, the applicant shall submit a confirmed copy of the international application.
Amendments at entry
When completing the formalities for entering the Chinese national phase, the applicant may amend the PCT application documents under PCT Article 28 or 41.
Where the applicant finds that there are errors in the Chinese translation of the submitted description, claims or drawings, it or he or she may submit corrections based on the original international application text within the following prescribed time limits:
(1) before the CNIPA completes the preparations for publishing the invention patent application or announcing the utility model patent; and
(2) within three months from the date of receipt of the notice issued by the CNIPA that the invention patent application has entered the substantive examination stage.
Unity
Where in the international phase, the International Searching Authority or International Preliminary Examining Authority determines that the international application does not meet the unity requirement under PCT, and the applicant fails to pay the required additional fees, resulting in certain parts of the international application not undergoing international search or international preliminary examination, if upon entering the Chinese national phase, the applicant requests that these parts serve as the basis for examination, and the CNIPA determines that the International Searching Authority or International Preliminary Examining Authority's determination of unity of invention is correct, it shall notify the applicant to pay the fee for restoring unity within a specified time limit.
If the fee is not paid by the deadline or is not paid in full, these parts of the international application that have not undergone international search or international preliminary examination will be deemed withdrawn.
Entry Notice
After the applicant goes through the formalities for entering the Chinese national phase, if the CNIPA, upon examination, determines that the application complies with the relevant regulations, it shall issue a Notice of Entry into the Chinese National Phase, specifying the national application number and the entry date for the Chinese national phase.
Divisional Applications
If an international application contains two or more inventions or utility models, the applicant may, after entry, file a divisional application before the expiration of the two-month period for registration of the patent grant, or while the parent application is still in effect. A divisional application shall not be filed if the parent application has been rejected, withdrawn, or deemed withdrawn.
Scope of Protection
With respect to a patent granted for the Chinese nation phase of a PCT application, where, due to an error in the translation, the scope of protection of the patent defined by the claims and interpreted by the description and drawings exceeds the scope expressed in the original text of the international application, the scope of protection limited by the original text shall prevail; where the scope of protection is narrower than the scope expressed in the original text of the international application, the scope of protection as granted shall prevail.
Utility Model Applications
Where an applicant selects to obtain a utility model patent when entering the Chinese national phase of a PCT application, the procedures after the CNIPA issues the Notice of Entry of the International Application into the Chinese National Phase are the same as those for ordinary utility model patent applications.
Voluntary Amendments
An applicant may voluntarily make amendments to a utility model patent application within two months from the entry date.
When making amendments to application documents after receiving an office action from the CNIPA, the applicant must address any deficiencies raised in the actions.
Preliminary Examination
Upon preliminary examination, where the CNIPA finds that the application is not in compliance with the related regulations, it shall notify the applicant of the issues identified and request the applicant to submit the observation and/or make amendments to overcome the issues within a specified time limit.
If the applicant fails to respond without justifiable reasons within the specified time limit, the application shall be deemed withdrawn.
If, after the applicant submits observation and/or makes amendments, the CNIPA still finds that the application is not in compliance with the related regulations, it shall issue a rejection decision.
If the applicant is dissatisfied with the CNIPA's rejection decision, they may request a reexamination within three months of receipt of the rejection decision.
Patent Grant
If finding no grounds for rejection in the preliminary examination, the CNIPA shall issue an allowance notice, i.e. a Notice of Grant of Utility Model Patent.
Registration and Announcement
After the CNIPA issues an allowance notice, the applicant must go through the registration procedures within two months of receipt of the notice.
If the applicant completes the registration procedures on time, the CNIPA will make a decision to grant a patent, issue a utility model patent certificate, and simultaneously register and announce the patent grant.
Failure to complete the registration procedures by the deadline will be deemed a waiver of the right to obtain the patent.
A utility model patent takes effect from the date of announcement.
Other
For information on application withdrawal, reexamination of a rejection decision, invalidation proceedings, utility model patent evaluation reports, patent maintenance, termination, assignment/transfer, licensing, etc., please see: Outline of CN Patent System_Basics_Utility Model Patents.
Invention Applications
Where an applicant selects to obtain an invention patent when entering the Chinese national phase of a PCT application, the procedures after the CNIPA issues the Notice of Entry of the International Application into the China National Phase are the same as those for ordinary invention patent applications.
Voluntary Amendments
As ordinary invention applications, Chinese national phase invention applications may be voluntarily amended when requesting substantive examination and within three months from the date of receiving the Notice of Entry into the Substantive Examination Stage from the CNIPA.
Preliminary Examination
After the CNIPA issues the Notice of Entry into the Chinese National Phase, the national phase application goes into preliminary examination procedure.
Upon preliminary examination, where the CNIPA finds that the application is not in compliance with the related regulations, it shall notify the applicant of the issues identified and request the applicant to make rectifications within a specified time limit. Failure to make rectifications within the specified time limit without justifiable reasons will result in the application being deemed withdrawn.
Where, after preliminary examination, finding that the application is in compliance with the related regulations, the CNIPA shall notify the applicant of such result and the next publication procedure.
Publication
After the preliminary examination procedure, the application enters the publication stage and will be published in the Patent Gazette. If the PCT application is filed in a language other than Chinese, a Chinese translation of the application documents will be published.
Provisional Protection
Publication of an invention patent application triggers its provisional protection, in accordance of which, after the publication, the applicant may require an entity or individual exploiting the invention to pay an appropriate fee.
Where the PCT application is published in Chinese by WIPO, the provisions of such provisional protection will apply from the date of international publication or the date of publication by the CNIPA, whichever is earlier.
Where the PCT application is published by WIPO in a language other than Chinese, the provisions of such provisional protection will apply from the date of publication by the CNIPA.
Subsequent Procedures
Subsequent procedures are the same as those for ordinary invention patent applications, such as the following:
Submission of a request for substantive examination, and substantive examination;
Notice of Grant, registration of grant, and grant announcement;
Decision of Rejection, and reexamination of the Decision of Rejection;
Procedure for requesting patent invalidation; and
Patent maintenance, patent termination, transfer, licensing, and bibliographical change.
For more details, please see: Outline of CN Patent System_Basics_Invention Patents .
III. National Phase in Other Countries
Generally entering a PCT international application in another target country or region is similar to entering the national phase in China, for which an applicant shall, pursuant to the relevant provisions of the law in that country, file a request with necessary documents required by the patent office of the particular country, pay official fees and go through all necessary procedures with the patent office for obtaining patent grant.
The specific substantive examination and procedures for national/regional phase applications generally are also similar to those for direct applications under Paris Convention in the same country or region.
If you need to file a PCT international application and/or enter a PCT international application into national/regional phases in China and other countries/regions, or need to directly apply for patents in other countries or regions, please contact us directly.
For patent-related matters, please send to info@afdip.com. For trademark/litigation/legal matters, please send to info@bhtdlaw.com.
