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Q1. How much does it cost to file a PCT Application in China?
The official cost filing a PCT application in China is USD 164. It also depends on the pages, claims, and priority of the application.
Q2. What is the late entry for filing the PCT Application in China after the 30 month deadline?
The Chinese patent office allows an extension of 2 months after the 30 month deadline and applicant can submit a late entry fee of USD 160 and file the application in China.
Q3. In which language can a PCT application be filed in China?
A PCT Application needs to be filed in Chinese language for filing the PCT Application in National Phase China.
Q4. WHAT IS THE OFFICIAL LANGUAGE FOR FILING A PATENT APPLICATION IN CHINA?
The official language for filing a patent application in China is Chinese. In case the application is in any other language, it must be translated into Chinese before filing. Late filings are not acceptable by the China National Intellectual Property Administration (CNIPA).
Q5. WHAT IS THE TERM FOR FILING A PATENT APPLICATION IN CHINA?
The duration for applying for a patent application claiming priority with the CNIPA is 12 months from the date of priority. This term cannot be extended.
Q6. WHAT IS THE DURATION OF PATENTS GRANTED BY CNIPA?
The overall duration of patents for regular inventions is 15 years from the date of filing. While for utility model and design patents, it is five years from the date of filing. All these patents are extendable up to three years.
Q7. WHAT ARE THE PATENT FILING REQUIREMENTS IN CHINA?
To obtain a filing date in China, it is essential to provide the CNIPA with the applicant’s and inventor’s details along with the necessary application materials. A signed copy of “power of attorney” within three months from the date of filing and a certified copy of the “priority document” within 16 months from the earliest priority date should be provided. Furthermore, while it is important to translate the title of the priority document into Chinese, it is not mandatory to provide the “assignment deed” between the applicant(s) and inventor(s) while filing a patent application.
Q8. HOW TO EXAMINE A CHINESE PATENT APPLICATION?
Chinese patent applications undergo both formal and substantive examinations. The request to perform a substantive examination must be filed within three years from the filing date, or from the priority date in case a priority is claimed.
Q9. WHAT ARE THE WAYS IN WHICH A PATENT APPLICATION CAN BE FILED UNDER THE CHINESE LEGAL FRAMEWORK?
A patent application can be filed in the following three ways under the Chinese legal framework:
A patent in China can be filed with the help of a patent agent or attorney;
An international patent application can be filed under the Patent Cooperation Treaty (PCT) with the national patent office of the Contracting State where the applicant can either be a national or resident. Alternately, the application can be filed with the International Bureau of the World Intellectual Property Office (IB). Subsequently, an application can then be entered at the national phase by filing at the relevant office in China within 30 months from either the first application or the priority date of filing.
A patent application can be filed in a foreign jurisdiction that is a Contracting State under the Paris Convention for the Protection of Industrial Property. After that, the applicant must apply for protection in China, one of the Contracting States, within a stipulated period (12 months for patents and utility models, while 6 months for marks and industrial designs). This gives the applicant a right of priority over the applications filed by other entities during the aforementioned period.