China (PRC)

**Invention Patent:** - Term: 20 years from filing - Requires substantive examination (request must be filed; examination takes approximately 2–4 years) - Widest scope, strongest rights - Applicable to methods, products, new compounds, etc. **Utility Model:** - Term: 10 years from filing - No substantive examination; only formal examination; granted in approximately 6–12 months - Limited to structures/shapes of tangible articles; methods not covered - Weaker protection but faster - "Double-filing" strategy supported (filing both an invention and utility model for the same invention simultaneously) **Design Patent:** - Term: 15 years from filing (extended from 10 years by the 2021 Patent Law Amendment) - No substantive examination; only formal examination; granted in approximately 3–6 months - Covers the ornamental features of a product's appearance

Source: China Patent Law (2021 Amendment); CNIPA guidelines

China's patent law requires absolute novelty — prior to the filing date, the invention must not have been publicly disclosed or used anywhere in the world (written, oral, or through use). **China has no general novelty grace period comparable to the US or Japan.** Very limited exceptions (only within 6 months): 1. Disclosure at a government-sponsored international exhibition in China 2. Disclosure at a prescribed academic/technical conference 3. Unauthorized disclosure by another party (apply within 6 months of first disclosure) **Practical advice:** If applying in China, file the patent application BEFORE any public disclosure (including academic publications, product launches, promotional materials, etc.).

Source: China Patent Law Art. 24; CNIPA examination guidelines

- Deadline: 30 months from the priority date - A full Chinese translation (specification, claims, abstract) must be submitted - Pay national phase entry fees - After entering, an examination request for invention patents must be filed within the prescribed period (generally within 3 years of entry) - A CNIPA-registered patent agency must be appointed **Translation quality is critical:** The Chinese claims form the basis for all subsequent examination and enforcement. Poor translation can severely compromise claim scope and examination outcomes.

Source: WIPO PCT Applicant's Guide — CN; China Patent Law

China allows filing both an invention patent application and a utility model application for the same invention on the same date ("double-filing" strategy). This is a common tactic in Chinese patent practice: **Strategic logic:** - The utility model grants in approximately 6–12 months, providing early protection rights - The concurrent invention patent continues through examination for broader scope - Once the invention patent is granted, the corresponding utility model must be abandoned (both cannot simultaneously protect the same subject matter) **Note:** Double-filing is also available when entering China via PCT (entering both the invention and utility model tracks simultaneously).

Source: China Patent Law Art. 9; CNIPA examination guidelines

Typical timeline for a Chinese invention patent: - Publication: Automatic after approximately 18 months from filing - Examination request: Must be filed within 3 years of filing (can be filed simultaneously with the application) - Substantive examination: First OA typically issued within 12–36 months of examination request - Overall grant timeline: Typically 2–5 years from filing (varies by technology and backlog) **PPH:** CNIPA has PPH agreements with major offices (USPTO, JPO, EPO, etc.), enabling accelerated examination for eligible applications.

Source: CNIPA examination statistics; China Patent Law Art. 35

All three Chinese patent types require annual fees: **Invention Patent:** Annual fees are due from year 1 of the application date (paid at application); continuing annually thereafter, with fees generally increasing in later years. **Utility Model:** Same as invention patents — from year 1. **Design Patent:** Same as above. **Note:** Annual fees must be paid even while the application is pending (pre-grant). After grant, fees continue until expiry. A 6-month late payment grace period applies with a surcharge; beyond that, rights lapse (a restoration request can be filed within 2 months with appropriate justification).

Source: China Patent Law; CNIPA fee schedule

China uses a First-to-File trademark system. Anyone can file for another party's trademark in China, even without any intent to use it. **China is one of the world's most active trademark squatting markets.** **Practical recommendations:** - File Chinese trademark applications BEFORE entering (or planning to enter) the Chinese market - Register both English and Chinese-character versions of the brand (determine and register a Chinese name as early as possible) - Cover core classes AND adjacent classes that squatters might target - Regularly monitor China's trademark gazette and file oppositions promptly against potential squatters

Source: China Trademark Law; CNIPA anti-squatting provisions

CNIPA is a WIPO DAS participating office. Applicants can use DAS to electronically provide priority documents to other participating offices without paper certified copies.

Source: WIPO DAS; CNIPA DAS procedures