Guidelines for PCT NATIONAL PHASE/STAGE ENTRY APPLICATION in China (Invention)
1. General Information
PCT applications to enter into the Chinese national phase/stage shall be filed within 30 months from the priority date. The term may be extended for two additional months. If the 32-month deadline is also missed, only if this is due to force majeure, is it possible to request for restoration.
2. Filing Requirements
2.1. Official language
The official language is simplified Chinese. If patent application materials are filed in another language, a translation into Chinese must be provided to CNIPA before the expiration of the 30-month term from the priority date (or 32 months with the extension).
2.2. Information and documents required
1) PCT international filing number (if the PCT international application has been published) or
PCT 101 form and PCT 105 form and original application body for the international application (if the PCT international application has not been published);
3) Scanned copy of power of attorney executed by the applicant;
4) Scanned copy of assignment, if the applicant for Chinese application is different from the PCT international application;
5) Any amendments made in accordance with PCT Articles 19, 28, 34 or 41 if the applicant(s) want(s) the amendments to be the part of the Chinese national phase application.
3. Examination requirement
Invention patent applications in China undergo formal and substantive examinations. The applicant shall request substantive examination at any time within 3 years from the international filing date or, if priority is claimed, from the earliest priority date.
4. Duration of patent right and maintenance
4.1. Duration of patent right
The duration of patent right for inventions shall be twenty years from the date of filing (i.e. the international filing date).
After the application being granted, the patentee needs to pay the annual fee before the anniversaries of the filing date year by year. The patentee can also have six months more to pay the annual fee and penalty.
5. Duration of registration procedure
The average processing time for invention patent registration procedure in China is 2~4 years.