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
- - Invention Patent – Protects new technical solutions relating to a product, a process, or an improvement thereof. Inventions undergo substantive examination. Protection period: 20 years from the filing date.
- - Utility Model Patent – Protects new technical solutions relating to the shape, structure, or combination thereof of a product. Utility models undergo only preliminary examination (no substantive examination). Protection period: 10 years from the filing date.
- - Design Patent – Protects new designs relating to the shape, pattern, or combination thereof of a product, or the combination of colour with shape or pattern, which are aesthetically appealing and industrially applicable. Protection period: 15 years from the filing date (extended from 10 years under the 2021 Patent Law).
[2] Patentability Requirements
Under Article 22 of the Patent Law, invention and utility model patents must satisfy three key criteria:
- - Novelty – The invention or utility model is not part of the existing technology (i.e., technology that has been made publicly available, in China or abroad, before the filing date).
- - Inventive Step (for inventions) / Practical Progress (for utility models) – For inventions, the technical solution must have prominent substantive features and represent a significant improvement compared to existing technology. For utility models, the technical solution must have substantive features and represent progress.
- - Practical Applicability – The invention or utility model can be manufactured or used and can produce positive effects.
Under Article 23 of the Patent Law, design patents must satisfy:
- - Not belong to existing designs.
- - Have a clear distinction from existing designs or combinations of existing design features.
- - Not conflict with any prior legal rights of others (e.g., copyright, trademark).
The following are excluded from patent protection under Article 25 of the Patent Law:
- - Scientific discoveries
- - Rules and methods of intellectual activities
- - Methods for the diagnosis or treatment of diseases
- - Animal and plant varieties
- - Substances obtained by means of nuclear transformation
- - Designs of two-dimensional printing products that serve primarily as identifiers (e.g., labels, tags)
[3] Patent Application Process
Invention Patent
- Filing – Submit application documents to CNIPA (electronic filing recommended via the patent business system).
- Preliminary examination – CNIPA checks formal requirements. If satisfied, the application is published 18 months from the filing date (or earlier upon request).
- Substantive examination request – Must be filed within three years from the filing date. Without a request, the application is deemed withdrawn.
- Substantive examination – CNIPA examines novelty, inventive step, and practical applicability, and issues office actions as needed.
- 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
- Filing – Submit application documents to CNIPA.
- Preliminary examination – CNIPA checks formal requirements and examines whether the application clearly falls within the scope of utility model protection (no substantive examination).
- 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
- Filing – Submit application documents (including pictures or photographs of the design and a brief explanation).
- Preliminary examination – CNIPA checks formal requirements and examines whether the design meets basic requirements (e.g., clear representation, not against public policy).
- 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
- - Patent Request Form (including inventor(s), applicant(s), and contact information)
- - Specification (clearly and completely describing the technical solution)
- - Claims (defining the scope of protection sought)
- - Abstract (summary of the technical solution)
- - Drawings (if necessary to illustrate the invention)
- - Power of Attorney (if filed through a patent agent)
- - Priority documents (if claiming priority under the Paris Convention)
Utility Model Patent
- - Patent Request Form
- - Specification
- - Claims
- - Abstract
- - Drawings (must be included, as utility models always require drawings)
- - Power of Attorney (if filed through a patent agent)
Design Patent
- - Design Patent Request Form
- - Pictures or photographs of the design (showing front, back, left, right, top, bottom views, and perspective view as needed)
- - Brief explanation of the design (optional but recommended)
- - Power of Attorney (if filed through a patent agent)
[5] Official Fees (CNIPA) – Fee Reduction Available
The following are standard official fees (subject to CNIPA adjustments). Fee reduction is available for qualifying applicants:
- - Invention patent filing: Filing fee (RMB 900) + publication fee (RMB 50) + substantive examination fee (RMB 2,500). Reduced fees available for qualifying applicants (individual: 85% reduction; entity: 70% reduction).
- - Utility model patent filing: Filing fee (RMB 500). Reduced fees available.
- - Design patent filing: Filing fee (RMB 500). Reduced fees available.
- - Annual maintenance fees: Payable annually to maintain the patent. Fees increase progressively over the protection period. Fee reduction available for the first 10 years of annual fees.
[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:
- - Incorporation by reference – Applicants may correct missing or erroneously submitted parts of the specification or drawings by incorporating content from a priority document, preserving the original filing date.
- - Principle of good faith – All patent filings must be based on genuine invention activities. False or fraudulent filings may lead to penalties.
- - Restoration of priority – Allows restoration of priority rights within two months from the expiry of the priority period, under certain circumstances.
- - Electronic filing and service – Electronic filing is fully recognized; the filing date is the date the document enters CNIPA's designated electronic system.
- - Design patent term extension – Design patent protection extended from 10 years to 15 years (already effective under the 2021 Patent Law).
[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.
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