Detailed Process of China Invention Patent Application

China’s patent system includes invention patents, utility model patents, and design patents. The application process for invention patents differs from that of utility model and design patents, as the latter only require a preliminary examination, while invention patents must undergo substantive examination.

Application Materials

1. Power of Attorney: To authorize our firm to handle subsequent procedures.
2. Patent Application Documents in Chinese: Based on the documents provided by you, we prepare the Chinese patent application documents. We can prepare the documents based on a priority patent provided by you, or directly draft the Chinese patent application documents based on the technical solutions provided by you. The documents include:
   • Request for Invention Patent
   • Abstract of the Description (with abstract drawings if necessary)
   • Claims
   • Description (with drawings if necessary)
   • For inventions involving amino acid or nucleotide sequences, the description must include the sequence listing, submitted as a separate part of the description with separate page numbering. A CD or floppy disk containing the sequence listing in a format prescribed by the China Patent Office must also be submitted.
   • For inventions completed with the use of genetic resources, the applicant must state the source of the genetic resources in the request and fill out the Genetic Resource Source Disclosure Registration Form, specifying the direct and original source of the genetic resources. If the applicant cannot specify the original source, reasons must be provided.

Detailed Steps

1. Submitting the Patent Application to the Patent Office
   • Submission Methods: Patent applications can be submitted electronically or in paper form.
2. Acceptance and Payment of Application Fee
   • Upon receiving the application documents, the Patent Office issues a Notice of Acceptance and a Notice of Payment for the Application Fee. We will pay the application fee as required by the notice.
   • Payment Methods: We will pay the patent fees directly to the Patent Office or through its local agencies.
3. Preliminary Examination and Publication Entering Substantive Examination
   • The invention patent application enters the publication stage upon issuance of the Notice of Preliminary Examination Qualification. If the applicant does not request early publication, the application will enter the publication preparation procedure after 18 months from the filing date.
   • If the applicant requests early publication, the application immediately enters the publication preparation procedure.
   • In the substantive examination stage, the invention patent application is thoroughly examined for novelty, inventiveness, utility, and other substantive conditions prescribed by the Patent Law.
4. Issuance of Examination Opinion Notice and Applicant’s Response
   • If the substantive examination reveals non-compliance with the authorization conditions or other deficiencies, an Examination Opinion Notice is issued, requiring the applicant to submit opinions or amendments within a specified time. Failure to respond within the time limit is considered a withdrawal of the application. Multiple responses that fail to meet the requirements will result in rejection.
5. Authorization, Payment of Fees, and Issuance of the Grant Certificate
   • If no grounds for rejection are found during the substantive examination, the application proceeds to the authorization procedure. The Patent Office issues a Notice of Authorization and Registration Procedure.
   • The applicant must complete the registration procedures and pay the required fees within two months of the notice. Upon timely completion, the Patent Office grants the patent right, issues the patent certificate, records it in the patent register, and publishes it in the Patent Gazette two months later. Failure to complete the registration procedures as required is considered abandonment of the right to obtain the patent.