申请流程 Application Process Flow
发明专利申请流程 Invention
State Intellectual Property Office China Patent Office
English: China National Intellectual Property Administration, referred to as CNIPA
Website: https://www.cnipa.gov.cn/
Search: https://cpquery.cponline.cnipa.gov.cn/chinesepatent/index
Submission language: Chinese | |
| Paris Convention pathway | PCT route |
Necessary documents:
| Necessary documents:
|
Additional documents (if any)
| Additional documents (if any)
|
20 years
- Paris Convention route: 12 months from the earliest priority date
- PCT route: 30 months from the earliest priority date, 2 months grace period, and 32 months at the latest
According to the Patent Law, the approval procedures for invention patent applications include five stages: acceptance, preliminary examination, publication, substantive examination and authorization .
- Acceptance : After receiving a patent application, the Patent Office and the agency will issue a patent application acceptance notice if it meets the acceptance conditions. The main purpose is to determine the application date and give an application number.
- Preliminary examination : For invention patent applications submitted by applicants, if they are found to comply with the provisions of Article 46 of the Implementing Regulations of the Patent Law on preliminary examination, the Patent Office will issue a preliminary examination qualification notice.
- Publication : After receiving an invention patent application, the Patent Office will publish it eighteen months after the application date if it is found to meet the requirements of the Patent Law after preliminary examination. If early publication is requested, the preparation period for publication will begin after passing the preliminary examination, which is about three months.
- Substantive examination : A request for substantive examination can be submitted at the latest 3 years from the date of application. The invention patent applicant can take the initiative to propose amendments to the invention patent application when submitting a request for substantive examination and within 3 months from the date of receiving the notice of entering the substantive examination stage issued by the Patent Office. After entering the substantive examination stage, the examiner will examine the novelty, practicality, and creativity of the invention patent application. If the examiner finds that there are technical defects stipulated in the Patent Law, he will issue an examination opinion notice to inform the applicant of the problem and require the applicant to respond to it. The response period is as follows:
- The response period for the first office action notice is: 4 months from the date of issuance
- The response period for the nth examination opinion notice is: 2 months from the date of issuance
- If the applicant or agent finds it difficult to respond within the time limit specified in the notice, he or she may submit a written request for an extension of the time limit before the expiration of the response period and pay the extension request fee before the expiration of the above-mentioned time limit. The extension period shall not exceed two months.
- Rejection : During the examination procedure, if the applicant states his opinions or makes amendments or corrections as required by the examiner, and the Patent Office believes that the application still does not comply with the provisions of the Patent Law and its Implementing Rules, it will make a decision to reject the application and notify the applicant. If the applicant is dissatisfied with the decision of the Patent Office to reject the application, he may request a reexamination from the Patent Reexamination Board of the State Intellectual Property Office within 3 months from the date of receipt of the notice. A request for reexamination shall be submitted with a request for reexamination stating the reasons for the reexamination. In order to support the reasons for reexamination or eliminate defects in the application documents, the applicant may attach relevant supporting documents or materials when requesting a reexamination, and may also modify the application documents. The modifications shall be limited to eliminating the defects pointed out in the rejection decision. The request for reexamination shall be jointly submitted by all applicants. The request for reexamination shall also be subject to the reexamination fee. If the applicant is dissatisfied with the reexamination decision, he may sue the people's court within three months from the date of receipt of the notice.
- Authorization : If the invention patent application has been substantially examined and no grounds for rejection are found, the Patent Office will issue a notification of authorization and a notification of registration procedures. After receiving the notification of authorization and the notification of registration procedures, the applicant shall complete the registration procedures within 2 months in accordance with the requirements of the notification. When completing the registration procedures, no further documents need to be submitted. The applicant only needs to pay the patent registration fee, announcement printing fee, stamp duty and annual fee for the year in which the patent right is granted in accordance with the regulations. In the year of authorization, the corresponding fees shall be paid in accordance with the annual fee specified in the notification of registration procedures. Failure to complete the registration procedures in accordance with the regulations within the prescribed period shall be deemed as giving up the right to obtain the patent right.
Article 24 of the Patent Law stipulates three situations in which a patent application may be disclosed within six months before the application date but may not lose its novelty, among which: the first and second situations are that the applicant discloses the application for the first time at an international exhibition, academic conference, or technical conference; the third situation involves "others disclosing its contents without the consent of the applicant."
3-4 years
- Authorization fee: None
- Annual fees: After a patent application is granted patent rights, the patentee shall pay the annual fees for the next year before the expiration of the previous year. If the annual fees are not paid or not paid in full by the expiration date, the patentee may make up the payment within 6 months from the expiration date of the annual fees that should have been paid, and pay the late payment fee according to the time exceeded. If the annual fees and late payment fees are not paid by the due date or the amount paid is insufficient, the patent right will terminate from the expiration of the previous year.
According to Article 29 of the Patent Law, an applicant can enjoy the right of priority within 12 months from the date of the first application for a patent for an invention. If an applicant files an invention patent application for the same subject beyond the 12-month period, he or she may, if there is a legitimate reason, request restoration of the right of priority within 2 months from the date of expiration of the period in accordance with Article 36 of the Detailed Rules.
- For details about the restoration of priority rights for Chinese patent applications, please visit our official website:
- China's Priority Restoration Procedure - Page Code - Make Patenting Easy · Make Patenting Easy
- Restoration, addition and correction of priority rights in Chinese patent applications - Page Code - Make Patenting Easy · Make patent applications easier
- Playing with patent priority restoration - Page Code - Make Patenting Easy · Make patent application easier
yes
no
实用新型申请流程 Utility Model
State Intellectual Property Office China Patent Office
English: China National Intellectual Property Administration, referred to as CNIPA
Website: https://www.cnipa.gov.cn/
Search: https://cpquery.cponline.cnipa.gov.cn/chinesepatent/index
Submission language: Chinese | |
| Paris Convention pathway | PCT route |
Necessary documents:
| Necessary documents:
|
Additional documents (if any)
| Additional documents (if any)
|
10 years
- Paris Convention route: 12 months from the earliest priority date
- PCT route: 30 months from the earliest priority date, 2 months grace period, and 32 months at the latest
CNIPA only conducts formal examination on utility model patent applications.
Article 24 of the Patent Law stipulates three situations in which a patent application may be disclosed within six months before the application date but may not lose its novelty. Among them, the first and second situations are that the applicant discloses the application for the first time at an international exhibition, academic conference, or technical conference, and the third situation involves "others leaking its contents without the consent of the applicant."
- Authorization fee: None
- Annual fees: After a patent application is granted patent rights, the patentee shall pay the annual fees for the next year before the expiration of the previous year. If the annual fees are not paid or not paid in full by the expiration date, the patentee may make up the payment within six months from the expiration date of the annual fees due, and pay late payment fees for the time exceeded. If the annual fees and late payment fees are not paid by the due date or the amount paid is insufficient, the patent right will terminate from the expiration of the previous year.
6-9 months
According to Article 29 of the Patent Law, an applicant can enjoy the right of priority within 12 months from the date of first filing a utility model patent application. If an applicant files a utility model patent application for the same subject beyond the 12-month period, he or she may, if there is a legitimate reason, request restoration of the right of priority within 2 months from the date of expiration of the period in accordance with Article 36 of the Detailed Rules.
- For details about the restoration of priority rights for Chinese patent applications, please visit our official website:
- China's Priority Restoration Procedure - Page Code - Make Patenting Easy · Make Patenting Easy
- Restoration, addition and correction of priority rights in Chinese patent applications - Page Code - Make Patenting Easy · Make patent applications easier
- Playing with patent priority restoration - Page Code - Make Patenting Easy · Make patent application easier
no
yes
外观设计申请流程 Design
State Intellectual Property Office
English: China National Intellectual Property Administration, referred to as CNIPA
Website: https://www.cnipa.gov.cn/
Search: https://cpquery.cponline.cnipa.gov.cn/chinesepatent/index
| Submission language: Chinese |
Necessary documents:
|
Additional documents (if any):
|
15 years
Paris Convention route: 6 months from the earliest priority date
CNIPA only conducts formal examination on design patent applications.
Article 24 of the Patent Law stipulates three situations in which a patent application may be disclosed within six months before the application date but may not lose its novelty. Among them, the first and second situations are that the applicant discloses the application for the first time at an international exhibition, academic conference, or technical conference, and the third situation involves "others disclosing its contents without the consent of the applicant."
- Authorization fee: None
- Annual fees: After a patent application is granted patent rights, the patentee shall pay the annual fees for the next year before the expiration of the previous year. If the annual fees are not paid or not paid in full by the expiration date, the patentee may make up the payment within six months from the expiration date of the annual fees due, and pay late payment fees for the time exceeded. If the annual fees and late payment fees are not paid or the amount paid is insufficient, the patent right will terminate from the expiration of the previous year.
3-4 months
no
no
no
yes
套餐价格（官费和服务费） / Package fee
 | Get exact prices For the country / regionE-mail: mail@yezhimaip.com |
消息与资讯 Information
- China's State Intellectual Property Office issued the "Guidelines on Incorporation by Reference in Patent Applications for Invention or Utility Models"
- Q&A on Fee Reduction and Exemption for Patent Application in China
- When should a patent be applied for?
- Submission - No one understands the critical aspects of patent application better than us
- Priority restoration procedure in China
- Yezhima participated in the symposium on the needs research on the formulation of the "15th Five-Year Plan" for patent and trademark examination
- Sherlock Code (2)
- Sherlock Code (1)