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Patent Application

Two Ways of Patent Filing

  • File a national application directly in China or file another application in China within 12 months (for inventions or utility models) or 6 months (for designs) after filing the first national patent application in another member state by the Paris Convention.
  • PCT route:

Files of Patent Application

When applying for a patent, the following files should be submitted, including but not limited to:

  • When applying for an invention, the applicant should at least submit a request for granting a patent, claim, specification, and other files.
  • When applying for a utility model, the applicant should submit a request for granting a utility model patent, claim, specification, description of figure, and other files.
  • When applying for a design, the applicant should submit a request for granting a design patent, the description of figure, and other files.
  • File download:https://www.cnipa.gov.cn/col/col192/index.html       

Application Procedure

According to Patent Law, the procedure for applying an invention includes five phases: acceptance, preliminary examination, publication, substantive examination, and grant.

Utility or design patent applications don't require publication and substantive examination in the approval, but only three stages of acceptance, preliminary examination, and grant.