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 from the priority date of their international PCT application by submitting a request form, Chinese translation of the PCT application document, and paying filing fees and surcharges (if applicable) in full. - 2-Month Grace Period
If the standard deadline is missed, China allows a 2-month grace period. However, this requires payment of a surcharge of 1000 CNY. Failure to act within the grace period will result in the application being deemed abandoned. - Request for Substantive Examination
For invention patents, a substantive examination must be requested within 3 years from the earliest priority date.
Pro Tip: Use tools like the PCT Time Limit Calculator to track critical deadlines.
Required Documents for National Phase Entry
To enter the PCT national phase in China, applicants must submit the following:
- Request Form
Applicants must select an invention or utility model, and input a correct PCT application number in the form. - Chinese Translation
If the international application was filed in a language other than Chinese, a complete Chinese translation is mandatory. This includes the specification, claims, abstract, and drawings. - Power of Attorney (POA)
A signed Power of Attorney must be submitted. No legalization or notarization is required. - Amendments (Optional)
Applicants may submit voluntary amendments to claims or descriptions Articles 19, 34, or 28/41 of PCT, where such amendments are the basis of examination in China. - 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. - 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:
- Official 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): RMB 2,500
- 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. - 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
- Substantive Examination (Invention Patents)
- Invention patents undergo a rigorous substantive examination.
- Applicants can respond to office actions or amend claims during the process.
- Formal Examination (Utility Models)
- Utility models are only subject to formal examination.
- A patent evaluation report can be requested to enhance enforceability.
- 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.
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 the date of receipt of 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.
Frequently Asked Questions
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.
However, any applicant from a WTO member may claim a priority within 12 months based on a prior PCT application, since Taiwan and Macau are both member states of the Paris Convention.
See more about PCT in Taiwan.
How long does the filing take?
Generally, applicants will receive the notification (see an example below) of being allowed to enter the Chinese national phase in 2-3 weeks, and then start the 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 claims?
No. The number of claims is determined by its PCT 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 operate in China.
How to reduce official fees for the national phase in China?
The following circumstances where exemptions may be approved:
- If the CNIPA is the receiving office for your PCT application, the filing fee and additional filing fee will be exempted.
- If the CNIPA issues an international search report and an international preliminary examination report, the substantive examination fee will be exempted.
- 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.
Know more about the requirements for entering other countries in WIPO’s guideline Introduction to the National Phase.
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 with your PCT application number at contact@gbaiplawyer.com.
English 
Chinese (China) 
Chinese (Hong Kong) 
Japanese