How to Enter the PCT National Phase in China: A Comprehensive Guide 2025

Entering the national phase in China under the Patent Cooperation Treaty (PCT) is a crucial step for securing patent protection in one of the world’s largest markets. China’s vast market potential and manufacturing capabilities make it a top destination (157 contracting states of PCT so far) for patent applicants worldwide. This guide provides a detailed roadmap for entering the PCT national phase in China, covering timelines, requirements, costs, and practical tips to ensure a seamless application process.

What is the PCT National Phase in China?

The PCT system simplifies the process of seeking patent protection in multiple jurisdictions (See more about PCT international phase). After filing a single international PCT application, applicants must proceed to the national phase in their target countries to secure patent rights. The national phase in China is governed by the China National Intellectual Property Administration (CNIPA), which administers all patent-related matters in the country.

Securing a patent in China requires compliance with specific procedures and deadlines. Missing these steps can lead to the loss of patent rights, making careful planning essential for success.

Critical Deadlines for PCT National Phase Entry in China

30-Month Standard Deadline

Applicants must enter the national phase in China within 30 months of the priority date of their international PCT application by submitting a request form, a Chinese translation of the PCT application document, and the full payment of filing fees and surcharges (if applicable).

2-Month Grace Period

If the standard deadline is missed, China allows a 2-month grace period (i.e., 30+2). However, this requires payment of an additional fee of 1000 CNY. Failure to act within the grace period will result in the application being deemed abandoned.

3-Year for Requesting Substantive Examination

For invention patents, a substantive examination must be requested within 3 years of the earliest priority date. We advise our clients to request the examination while filing an entry and pay the examination fee of 2500 CNY AFTER the entry has been approved (rather than doing it while filing to avoid wasting money if the entry is rejected).

Pro Tip: Use tools like the PCT Time Limit Calculator to track critical timelines.

Required Documents for National Phase Entry

To enter the PCT national phase in China, applicants must submit the following:

1. Request Form
   Applicants must select an invention (patent) or utility model, and input a correct PCT application number in the form.
2. Chinese Translation
   A complete Chinese translation is mandatory if the international application was filed in a language other than Chinese. This includes descriptions, claims, abstracts, and drawings.
3. Power of Attorney (POA)
   A signed Power of Attorney must be submitted. No legalization or notarization is required.
4. Amendments (Optional)
   Applicants may submit voluntary amendments to claims or descriptions based on Articles 19/34 (submitted within 2 months from the entering date), or 28/41 (submitted while entering) of PCT, where such amendments are the basis of examination in China.
5. Assignment Document (Optional)
   If the applicant has been changed since the entry of the national phase, an assignment document for the application must be provided.
6. Certified Priority Document (Optional)
   If the priority document has not been submitted during the international phase, it must be provided at the national phase entry.

Translation: Key Considerations

The quality of the translation into Chinese is critical. Inaccurate translations can lead to misinterpretation of the claims and may even result in the rejection of the application. Tips for accurate translations:

• Remark English words behind Chinese technical terms.
• Ensure consistency in technical terms for the entire application document.

Fees and Costs for PCT National Phase in China

The costs associated with entering the national phase in China include:

1. Government Fees (download the complete fee schedule and read more in section II of Patent Fees – PCT Filing Fees)
   • Filing fees: RMB 900 for invention/ RMB 500 for utility model.
   • Surcharge (additional filing fees):
     • Excess claim fees (if applicable): RMB 150 per claim beyond 10;
     • Excess page fees (if applicable): RMB 50 per page beyond 30.
   • Publication fees (for inventions): RMB 50.
   • Priority fees (if applicable): RMB 80 per priority.
   • Grace Period fees (if applicable): RMB 1000.
   • Substantive examination fees for inventions (due date: within three years from the priority date.): RMB 2,500
2. Attorney Fees
   Engaging a qualified Chinese patent attorney is mandatory for foreign applicants without a domicile in China. Attorney fees vary depending on the complexity of the application.
3. Translation Fees
   Translation costs depend on the length and complexity of the application. Our fee rate is 0.1 USD per English word into Chinese, including proofreading after translation.

Read more about the official fees for patents in China.

Click here about the currency rates for RMB (CNY).

Key Examination Processes

1. Substantive Examination (Invention Patents)
   • Invention patents undergo a rigorous substantive examination.
   • Applicants can respond to office actions or amend claims during the process.
2. Formal Examination (Utility Models)
   • Utility models are only subject to formal examination.
   • A patent evaluation report can be requested to enhance enforceability.
3. Rejection and Appeal
   • If CNIPA rejects the application, the applicant may file a request for reexamination within 3 months.
   • Appeals may be taken to the Beijing Intellectual Property Court if the reexamination decision is unfavourable.

5 Common Mistakes in Entering

1. Late Filing or Fee Payment: Failing to file the application or pay all the required government fees within the 30+2 months
2. Translation Issues: Discrepancies between the Chinese translation and the original international application documents (e.g., omissions, mistranslations).
3. Missing Documents: Failing to submit required forms, claims, descriptions, abstracts, drawings, or POA.
4. Unspecified Patent Type: Failing to select the correct patent type (invention, utility model), or selecting an inappropriate patent type for the technical solution (e.g., procedure/ method can’t be granted as utility model).
5. Procedural Management Errors: Ignoring correction notices from CNIPA.

Frequently Asked Questions

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:
  • based on article 28/41 of PCT, it must be submitted at the same time when entering the Chinese national phase;
  • when the applicant submits a request for substantive examination;
  • within 3 months from receiving the notice of entering the substantive examination.

• However, for utility model applications, besides the 28/41 of PCT 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.

See more about the amendment under article 19/34 during the international phase.

Does the national phase in China cover Hong Kong, Taiwan, or Macau?

Hong Kong

For Hong Kong, the applicant may record a standard patent within 6 months from CNIPA’s publication date, and register it within 6 months from CNIPA’s granting date. See more about Applying for a standard patent in Hong Kong.

Besides that, the applicant may file a short-term patent application within 6 months from the date of entering the national phase in China. See more about Applying for a short-term patent in Hong Kong.

Taiwan, Macau

PCT applies to Hong Kong, China with effect from 1 July 1997, but Not applicable to Macau, China. Taiwan is not a member of PCT and therefore is unable to accept the PCT application.

For Taiwan, any applicant from a WTO member may claim a priority within 12 months from the priority date, since Taiwan is a member state of WTO. See more about PCT in Taiwan.

For Macau, any applicant from a Paris Convention member may claim a priority within 12 months from the priority date, since the Paris Convention is applicable to Macau. (Portugal is one of the original signatories of the Paris Convention (1883) and its protection was extended to the territory prior to the transfer of sovereignty to China on December 20th, 1999; after the transfer, China issued a notification to WIPO clarifying that the country would be responsible for the territory’s international obligations.) See more How To Protect Patents In Macau.

How long does the filing take?

Generally, applicants will receive the notification (see an example below) of approval to enter the Chinese national phase with a national application number in 2-3 weeks, and then await further examination.

Can you accelerate the examination？

Yes, you can. See more about How to Request PPH for Patent Applications in China

Can you save additional filing fees for claims by reducing the number of claims?

No. The number of claims is determined by its PCT international application.

Can a micro entity request a reduction in government fees?

Since foreign applicants cannot provide recognized income proof from China, it is impossible to obtain a reduction from official fees, unless they run business in China.

How to reduce official fees for the national phase in China?

The following circumstances where exemptions may be approved:

1. If the CNIPA is the receiving office for your PCT application, the filing fee and additional filing fee will be exempted.
2. If the CNIPA issues 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, there is a 20% discount for the substantive examination fee.

What kind of subject matters cannot be patented?

For inventions, business methods cannot be patented.

For utility models, the method/ process cannot be patented and should be converted into invention applications.

Further Information

For more detailed CNIPA’s guidance, please refer to FAQs about PCT international applications entering the national phase in China.

For comprehensive details, refer to the WIPO’s PCT Applicant’s Guide for China.

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 get in touch with us with your PCT application number at contact@gbaiplawyer.com.