In patents, there are various deadlines. Here we organize the statutory deadlines commonly used in different stages of patent applications, hoping to be helpful to everyone.
I. Foreign Patent Applications Entering the National Phase in China
Foreign patent applications can enter China through the following routes: PCT applications entering the national phase, Paris Convention entering the China phase, and first-time applications entering China. The calculation methods for statutory deadlines are as follows:
| Route | Type | With Priority | Without Priority |
|---|---|---|---|
| PCT Applications | Invention/Utility Model | Statutory deadline = Earliest priority date + 30 months (Statutory deadline with grace period = Earliest priority date + 32 months) | Statutory deadline = PCT international filing date + 30 months (Statutory deadline with grace period = PCT international filing date + 32 months) |
| Paris Convention | Invention/Utility Model | Statutory deadline = Earliest priority date + 12 months | |
| Design | Statutory deadline = Earliest priority date + 6 months | ||
| First-time Application | Invention/Utility Model/Design | No statutory deadline |
Note: First-time applications entering China refer to ordinary applications that neither claim PCT international application entry nor priority.
II. Hong Kong Applications
| Application Type | First Stage | Second Stage |
|---|---|---|
| Re-registration of Standard Application | Statutory deadline = Publication date of Chinese/European/UK patent application + 6 months | Statutory deadline = Grant publication date of Chinese/European/UK patent + 6 months |
| Original Grant Standard Application | With Priority: Statutory deadline = Earliest priority date + 12 months | Without Priority: No statutory deadline |
| Hong Kong Short-term Application | With Priority: Statutory deadline = Earliest priority date + 12 months | Without Priority: No statutory deadline |
| Hong Kong Design Application | With Priority: Statutory deadline = Earliest priority date + 6 months | Without Priority: No statutory deadline |
III. Divisional Applications
When a patent application includes more than one invention, the applicant can voluntarily file a divisional application or file one based on the examiner’s opinion. Divisional applications should be based on the original application (the first filed application). The calculation methods for statutory deadlines in specific situations are as follows (subject to the latest official documents):
| Stage of Original Application | Statutory Deadline for Divisional Applications |
|---|---|
| Re-examination Decision (Maintain Rejection) | Statutory deadline = Re-examination decision (Maintain Rejection) statutory deadline (Calculation method: Re-examination decision (Maintain Rejection) issue date + 3 months) |
| Rejection Decision | Statutory deadline = Rejection decision statutory deadline (Calculation method: Rejection decision issue date + 3 months) |
| Notification to Handle Registration Procedures | Statutory deadline = Notification to handle registration procedures statutory deadline (Calculation method: Notification issue date + 2 months) |
| Deemed Withdrawal Notification | Statutory deadline = Deemed withdrawal notification statutory deadline (Calculation method: Notification issue date + 2 months) |
For applicants who have already filed a divisional application and need to file another divisional application based on that divisional application, the statutory deadline should still be calculated based on the original application (except in cases of a lack of unity in the divisional application).
IV. Substantive Examination
According to Article 35 of the Patent Law, the substantive examination procedure usually starts upon the applicant’s request or can be initiated by the patent office.
| Substantive Examination | Statutory Deadline = Earliest priority date + 3 years |
|---|---|
| Proactive Amendment in Substantive Examination Stage | |
| Requesting Substantive Examination Simultaneously | Statutory deadline for requesting substantive examination and proactive amendment = Statutory deadline for requesting substantive examination |
| Upon Receiving Publication and Entry into Substantive Examination Notification/Entry into Substantive Examination Notification | Statutory deadline for proactive amendment upon entry into substantive examination = Publication and entry into substantive examination notification/entry into substantive examination notification issue date + 3 months |