OverviewPatent protection in China is administered by CNIPA and covers three types: invention patents (for products, methods, or improvements, requiring substantive examination), utility models (for products’ shape or structure, requiring only preliminary examination), and design patents (for ornamental designs, also preliminary examination only). Invention patents are protected for 20 years, utility models for 10 years, and designs for 15 years from the filing date.
General Timeline
Invention patent: Approximately 2.5–4 years (can be accelerated via Patent Prosecution Highway – PPH)
Utility model: Approximately 6–12 months
Design patent: Approximately 4–6 months
Required Application Materials
Patent request form (including title, applicant, inventor details)
Description (with detailed disclosure of the invention) and drawings/figures (if applicable)
Claims (defining the scope of protection)
Abstract and abstract drawing
Power of Attorney (if filed through an agent; no legalization required)
Priority documents (if claiming priority under the Paris Convention)
Biological deposit certificate (for inventions involving new biological materials)
Sequence listing (in electronic form, for nucleotide/amino acid sequences)
Application ProcessFor Invention Patents:
Filing: Submit application documents to CNIPA.
Preliminary Examination: Formality check (completeness, fee payment, eligibility).
Publication: The application is published 18 months from the filing date (or earlier upon request).
Request for Substantive Examination: Must be filed within 3 years from the filing date (or priority date).
Substantive Examination: Examiner evaluates novelty, inventiveness, and practical applicability.
Grant & Announcement: If no objections, CNIPA issues the patent certificate and publishes the grant.
For Utility Models & Designs:
Filing
Preliminary Examination (formality + limited novelty check)
Grant & Announcement (no substantive examination or publication delay)
Key Points to Note
Early publication, delayed examination: Invention applications are automatically published at 18 months, but substantive examination must be proactively requested within 3 years—failure to request results in deemed withdrawal.
No substantive examination for UM/design: While faster and cheaper to obtain, utility model and design patents are less stable and more vulnerable to invalidation challenges.
Confidentiality examination: For inventions completed in China, a foreign filing license (confidentiality examination) must be obtained from CNIPA before filing the same invention abroad, or the corresponding Chinese application must be filed first.
Novelty grace period: A 6-month grace period applies only to specific disclosures (e.g., first display at international exhibitions, first publication at academic conferences, or disclosure by others without consent).
Annual fees: Maintenance fees (annuities) must be paid starting from the year of grant; failure to pay leads to termination of the patent.
Utility model + invention dual filing: Allowed in China, but the utility model must be abandoned before the invention can be granted if they cover the same subject matter.
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