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China Patent Application Guide | Invention, Utility Model & Design Patent

This guide provides an overview of the patent system in China, which is administered by the China National Intellectual Property Administration (CNIPA). China offers three types of patents: invention, utility model, and design. The information is based on the Patent Law of the People's Republic of China (effective 1 June 2021) and the Implementing Regulations of the Patent Law (revised effective 20 January 2024), as well as the Patent Examination Guidelines (effective 20 January 2024).

[1] Types of Patents in China

[2] Patentability Requirements

Under Article 22 of the Patent Law, invention and utility model patents must satisfy three key criteria:

Under Article 23 of the Patent Law, design patents must satisfy:

The following are excluded from patent protection under Article 25 of the Patent Law:

[3] Patent Application Process

Invention Patent
  1. Filing – Submit application documents to CNIPA (electronic filing recommended via the patent business system).
  2. Preliminary examination – CNIPA checks formal requirements. If satisfied, the application is published 18 months from the filing date (or earlier upon request).
  3. Substantive examination request – Must be filed within three years from the filing date. Without a request, the application is deemed withdrawn.
  4. Substantive examination – CNIPA examines novelty, inventive step, and practical applicability, and issues office actions as needed.
  5. Grant and publication – If approved, a patent certificate is issued, and the patent is published. The patent right takes effect from the date of publication.
Utility Model Patent
  1. Filing – Submit application documents to CNIPA.
  2. Preliminary examination – CNIPA checks formal requirements and examines whether the application clearly falls within the scope of utility model protection (no substantive examination).
  3. Grant and publication – If approved, a patent certificate is issued, and the patent is published. The patent right takes effect from the date of publication.
Design Patent
  1. Filing – Submit application documents (including pictures or photographs of the design and a brief explanation).
  2. Preliminary examination – CNIPA checks formal requirements and examines whether the design meets basic requirements (e.g., clear representation, not against public policy).
  3. Grant and publication – If approved, a patent certificate is issued, and the patent is published. The patent right takes effect from the date of publication.

[4] Required Documents for Filing

Invention Patent
Utility Model Patent
Design Patent

[5] Official Fees (CNIPA) – Fee Reduction Available

The following are standard official fees (subject to CNIPA adjustments). Fee reduction is available for qualifying applicants:

[6] Key Updates Under the 2024 Patent Law Implementing Regulations

The Implementing Regulations of the Patent Law were revised effective 20 January 2024. Key changes include:

[7] Frequently Asked Questions

Do I need a Chinese patent agent to file a patent application in China?

If the applicant is a foreign entity or individual without a domicile or place of business in China, a CNIPA-registered patent agent must be appointed to file the application. For domestic applicants, using a qualified agent is optional but recommended.

What is the difference between an invention patent and a utility model patent?

Invention patents protect both products and processes, require substantive examination, and have a longer term (20 years). Utility model patents protect only products (not processes), undergo only formal examination (no substantive examination), and have a shorter term (10 years). Utility models are typically faster and less costly to obtain but offer weaker enforceability.

Can I file a patent application in English and translate it later?

No. The application must be filed in Chinese. However, priority documents may be filed in a foreign language, and a Chinese translation must be submitted within two months of filing. Professional translation services are recommended.

How long does the patent examination process take?

Invention patents typically take 2-4 years from filing to grant, depending on the technical field and office actions. Utility model patents typically take 6-12 months. Design patents typically take 4-6 months.

What is the fee reduction policy, and who qualifies?

Fee reduction is available for individuals with monthly income below RMB 5,000, enterprises with annual taxable income below RMB 1 million, and non-profit organizations. Qualifying applicants may receive an 85% reduction for individuals and 70% for entities on filing fees, substantive examination fees, and the first 10 years of annual fees.

Can I apply for a patent in China and overseas simultaneously?

Yes. You may file a Chinese patent application and claim priority under the Paris Convention to file in other countries within 12 months. Alternatively, you may file a PCT (Patent Cooperation Treaty) international application designating China and other member states.

Finerise Consultants can help you

Finerise provides consulting services to assist innovators and businesses in understanding and navigating the China patent system. Our services include prior art searches, document preparation guidance, and liaison with qualified patent professionals. For specific filing needs, we can introduce you to trusted CNIPA-registered partners. Contact us to learn more.

Brilliance Consultants International Limited
Guangzhou Finerise Management & Consultants Co., Ltd.
Guangzhou Finerise Intellectual Property Service Co., Ltd
Guangzhou Finerise Management & Consultants Co., Ltd. Foshan Branch

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