The Patent Cooperation Treaty (PCT), an international treaty for international patent applications, includes the international phase and the national phase, providing inventors and innovators with a streamlined process for seeking patent protection in multiple countries simultaneously.Among the 157 contracting states, China stands out as a major destinated country for PCT applicants due to its powerful manufacturing ability and huge potential market.
If you plan to contract a Chinese manufacturer to produce (OEM) your innovation, or do not want them to copy it, you must read this article to understand the process and requirements of the Chinese national phase.
The process of national phase in China: subsequence process after entry is same to the process of regular national application, read more at:Overview of Chinese Patent System
The following will discuss how to file a PCT national phase application in China
Timeline for PCT national phase in China
30 months
The applicant should request entry and pay the national fees to the China National Intellectual Property Administration (CNIPA) within 30 months from the earliest priority date.
Grace period
If the thirty-month is missed, the applicant can still extend it by an additional 2 months by requesting the grace period, but should settle the grace period fees of 1,000 CNY.
CNIPA does NOT issue any reminder to applicants that the time limit for entering the national phase is about to expire (or has just expired). Hence, the applicant’s responsibility to monitor the applicable time limit, to avoid losing the opportunity to enter China or paying costly grace period fees.
Caculator
To monitor the deadline, we highly recommend using the PCT Time Limit Calculator developed by WIPO.
Cost of entering the PCT Chinese national phase
Filing a national phase in China usually includes the following fees:
Official fees
Known as national fees, such fees include filing fees, registration fees, annuity fees, etc. These fees may be paid by your agent/ agency for you.
Attorney fees
You must retain a Chinese patent attorney if you have no domicile in China. Generally, you are charged at fixed prices at different stages.
Translation fees
If the language of the original international application is not Chinese, you will be charged the translation fees for the application into Chinese.
Other Expenses
The POA does not require legalization or original (unless the CNIPA consider it necessary), hence there is no legalization fee and courier fee.
How much government fees will be charged by CNIPA?
Applicants must settle the following national fees at least by the deadline(click here to download)：
| Items | Official Fees (Currency: CNY, click here for exchange rate) |
| Filing fees: - Invention - Utiilty model | 900 500 |
| Additional filing fees －For each claim in excess of 10 claims －For each page of the description in excess of 30 pages | 150 50 |
| Application publication fees | 50 |
| Claiming priority (each) | 80 |
| Requesting substantive examination fees for inventional patent | 2500 |
| Grace period fees | 1000 |
| Correction fees for translation: Formality examination stage Substantive examination stage | 300 1200 |
Read more at:the official fees for patents in China, the last version of 2024
How to determine the date of entering China?
After the applicant has completed the entry procedures, CNIPA will compare the date of filing translation and the date of paying official fees, and determine the later date as the entry date.
What document should be translated?
Original PCT application
Including description, claims, abstract, and drawings (any text matter in the drawings);
Amendments
Served as the basis of examination for CNIPA under Articles 19, 34, or 28/41 of PCT.
Documents required for entering PCT national phase in China
- The request form, clarifying if the type of patent is an invention or a utility model, must be filled in the international application number correctly.
- Translation of international application and amendments (if applicable);
- Signed POA (no legalization required).
Can I amend the application during the national phase?
Yes. Amendments include active amendments and passive amendments.
Active amendments
For invention applications, there are three opportunities to amend: 1) according to article 28/41 of PCT, it must be submitted at the same time when entering the Chinese national phase; 2) when the applicant submits a request for substantive examination; 3) within 3 months from the date of receipt of the notification of entering the substantive examination.
However, for utility model applications, besides the 28/41 above, there is only one opportunity to amend: within 2 months from the filing (entering) date in China.
Passive amendments.
After receiving OAs, applicants can amend applications according to the issues pointed out in the OA.
FAQs about national stage in China
Does the national phase in China cover Hong Kong, Taiwan, or Macau?
Hong Kong
Taiwan, Macau
When does the 30-month start if there are multiple priority dates?
It starts from the earliest priority date.
How long dose the filing take?
Generally, applicants will receive the notification (see more below) of being allowed to enter the Chinese national phase in 2-3 weeks, and then start the examination.
Should you submit priority documents while filing?
Generally, the PCT receiving Office has already reviewed the certified copy of the prior application, so there is no need to re-submit it, unless the CNIPA require it.
Can the applicant request an exemption or reduction in additional filing fees by decreasing the number of claims?
No. The additional filing fees are calculated based on the number of claims in the international appliation.
Can a micro entity request the exemption of official fees?
Since foreign applicants cannot provide recognized tax payment certificates, it is difficult to obtain the exemption of official fees based on this. However, the following circumstances where exemptions may be approved:
1. If the CNIPA is the receiving office, the filing fee and additional filing fee will be exempted.
2. If the CNIPA issue an international search report and an international preliminary examination report, the substantive examination fee will be exempted.
3. If the European Patent Office, Japan Patent Office, and Swedish Patent Office issue an international search report, only 80% of the substantive examination fee should be paid.
What kind of subject matters cannot be patented?
For inventions, business methods cannot be patented; for utility, the method/ process cannot be patented and should be converted into invention applications.
Further Information
If there are any conflicts between this guideline and the guideline issued by CNIPA, the latter shall prevail. Please read more at:FAQs about PCT international application entering into national phase in China
Due to the difference in laws and regulations of different countries, please visit the WIPO official website for more details:Introduction to the National Phase
Read more about patent fee in China at our another article:Patent Fees in China: The Lastest Schedule of 2024 Edition
Plan to extend your PCT into China？
The national phase costs will vary depending on the number of words translated and the number of claims. If you need estimated government fees, please send us your PCT application number.
Our team has successfully handled many PCT national phase cases in China for clients from the US, Canada, Russia, etc, and can handle your case with extensive experience. Please contact us for your cases at contact@gbaiplawyer.com.
