National Phase Entry in China

Patent fees

For accurate fees in China, contact IIPLA today.

Deadline for PCT national phase entry in China

The China national phase entry deadline is 30 months from the priority date. The additional two months extension of this term is possible in China.

Filing requirements in China

The official language of a PCT application in China is Chinese. If the patent application is filed in any other language, a translation into Chinese must be submitted to CNIPA before the thirty months expiration from the priority date. It can also be submitted with the extension of thirty-two months term.

An application in China should contain:

– international application number and application materials.

– applicant and inventor details.

The person should submit the POA at the time of national phase entry or within three months from receiving the corresponding notification from the Patent Office.

It is not required to submit the Assignment Deed between the applicant(s) and inventor(s) when entering PCT national phase in China.

Examination of a national phase entry in China

In China, Patent applications undergo formal and substantive considerations. The request for a substantive review of a patent application in China must be made within three years from the international filing date.

Novelty grace period

As per the Chinese legislation, the patent office does not disapprove the novelty of the invention disclosed within six months prior to filing if:.

– disclosed by any person without the approval of the applicant.

– it’s first exhibited at an international exhibition sponsored or recognized by the Chinese Government.

– it’s first made public at a prescribed academic or technological meeting.

Grant, validity term

The validity of a patent in China is 20 years from the date of filing. At the time of registration, the first annual fee, as well as stamp tax for the patent certificate and publication fee, is paid. The subsequent annual fees should be paid in advance before the expiry of its international filing date. Late payment can be made within a six-month grace period by paying a corresponding additional charge.

Duration of registration procedure

In China, the average processing time for patent registration is three years.

Utility Model

In China, it is possible to obtain utility model protection.

Utility Models shall be granted for new and practical technical solutions relating to the shape, size, and structure of a product which are fit for commercial use.

The maximum protection period of a utility model in China is ten years from the international filing date.

Representation by a patent attorney

Foreigners who wish to perform national phase entry in China should appoint an agent, a Chinese patent attorney officially registered before the China National Intellectual Property Administration

If you have any queries related to the PCT National phase entry in China, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.

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