China is now one of the leading Innovators of the World. Below, you’ll find a quick guide on filing procedures, routes, and fees for Patent Filing in China.
Patent Filing Routes in China
In order to get a patent in China, there are 3 routes:
1. Direct Filing with the Chinese National Intellectual Property Administration (CNIPA)
- This route allows you to file a patent application with the Chinese National Intellectual Property Administration (CNIPA).
- If granted, the patent shall be valid in China only.
2. International Filing via Patent Cooperation Treaty (PCT)
- The PCT route allows you to file a single patent application simultaneously in a number of countries.
- PCT has 152 Contracting States and is administered by the World Intellectual Property Organisation (WIPO).
- The granting of a patent in China remains under the control of the CNIPA, i.e “national phase”.
3. International Filing via Paris Convention
- Similar to the PCT, the Paris Convention allows simultaneous multi-country filing.
- Paris Convention has 177 Contracting States and is also administered by WIPO.
- The granting of a patent in China remains under the control of the CNIPA.
- The Paris convention offers a relatively faster route as compared to the PCT and it is more economical.
Patent Filing in China (CNIPA): Requirements
The required set of documents for your patent application is:
- A Request,
comprising of
- Name of the invention
- Name of the inventor(s)
- Address of the applicant
- A written description
- Drawings (wherever necessary)
- Abstract of the invention
- Claim or claims to the invention
- A biological sequence listing, if applicable, in electronic format
Every document filed with the CNIPA must be in Chinese, according to Chapter 1, Rule 4 of the Regulations of the Patent Law of the People’s Republic of China. A certified translation must be filed with the CNIPA within a prescribed time limit.
Patent Filing in China: Options (CNIPA)
You can file your application offline with the CNIPA or use the e-filing system.
Offline Filing
You can mail your application at the following address:
Intellectual Property Office of the People’s Republic of China
6 Xitucheng Road, Jimen Bridge,
Haidian District, Beijing, 100088, China
E-filing
You can file your application online through CNIPA’s E-filing Portal.
Patent Fees: Overview
Type of Fees | Amount |
Application Fee | ¥950 |
Divisional Application | ¥950 |
Additional Charge for Specification | ¥50 (in excess of 30 pages) ¥100 (in excess of 300 pages) |
Additional Charge for Claims in excess of 10 | ¥150 (per claim) |
Patent Certificate Fee | ¥255 |
For more information, visit the Complete list of Fees for Patents.