Patent Filing in China


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_in_China
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)

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.


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