Blog - How to register patent in China
This website uses cookies. Learn more.
ACCEPT
Home   Blog   How to Register a Patent in China

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

How to Register a Patent in China

Patent protection in one country doesn’t necessarily imply its extension in others. So, for example, an invention protected in your country can be copied and produced in China. By the time you’ll be ready to expand your business in China, you simply won’t be able to sue infringers and prove the damage by their illegal activities, if your invention is not protected.

 

As in many other countries, China’s National Intellectual Property Administration (CNIPA) grants patents to the “first-to-file” applicants, not the “first-to-use” ones. Therefore it’s crucial to protect your invention in China as early as possible.

 

The authority grants three types of patents:

 

  • An invention patent protects mainly technical solutions that have to be new, possible to implement and nonobvious. If a patent is granted, it is protected for 20 years from the filing date or priority date (whichever is earlier).
  • A utility model patent is for solutions related to new shapes, structural physical features, or a combination of both. The term of protection is 10 years from the filing date.
  • A design patent is granted for unique designs related to the shape, pattern, color or a combination of them. The design will be protected for 15 years from the filing date.

 

According to China’s Patent Law, you can’t get patent protection for the following:

 

  • Scientific discoveries;
  • Rules and methods for intellectual activities;
  • Methods for the diagnosis or treatment of diseases;
  • Animal or plant varieties;
  • Substances obtained by means of nuclear transformation, or methods of nuclear transformation;
  • Designs that are used mainly for marking a pattern, a color, or a combination of the two, on prints.

 

Software programs also can’t be protected in China. However, the patent can be granted for software programs combined with hardware.

Three Ways to File a Patent

 

  • A patent may be filed directly in China with the help of a patent agency or patent attorney;
  • An international patent application can be filed under the Patent Cooperation Treaty (PCT), indicating China as one of the designated states. So the application must be submitted to the patent office in China no later than 30 months from the priority date;
  • Filing a patent in a foreign country first and then filing a second application in China within 12 months for invention and utility model patents and 6 months for design patents. Thus you’ll be able to claim the priority date of the first application. A foreign country must be a Member State of the Paris Convention.

Application and Required Documents

 

Foreign patent applicants who don’t have business offices in China are required to submit their applications through a registered Chinese patent agent. You can easily find a Chinese IP professional in the iPNOTE marketplace.

 

The application and all the following documents must be in Chinese:

 

Invention and utility model patentsDesign patents
  • Name of the invention;
    Name and address of the applicant;
    Name and address of the inventor;
  • Description of the protection scope of the invention;
    Key technical aspects of the patent;
  • Specifications, i.e. written details and features of the invention;
    Drawings, i.e. illustration of structure or details of the patent.
  • Name of the design;
  • Name and address of the applicant;
  • Name and address of the designer;
  • Drawings or photographs of the designed product;
    Description of design appearance.

 

The application can be hand-delivered or mailed to the CNIPA office in Beijing or you can file it via the CNIPA’s representative offices located in provincial intellectual property offices. The easiest way, however, is to submit the application online on the website of CNIPA.

Examination Process

 

After the application is obtained, CNIPA conducts a preliminary examination to determine if the requirements are met. If there are no reasons to reject the application, in the case of utility model and design patents, the authority grants a patent.

 

When it comes to the invention patent, if the Patent Office is satisfied on a preliminary examination, the patent can also be issued. However, if the applicant is willing to conduct a substantive examination, the Patent Office may proceed with it. The request has to be made within three years from the filing date.

 

If the application is rejected, the applicant can start reexamination of the application via the Re-examination and Invalidation Department of the Patent Office (RIDPO) of CNIPA no later than three months after being notified of the rejection.

When Patent is Granted

 

When the Patent Office notifies the applicant about obtaining a patent right, he or she is required to formally register the patent within two months from the date of notification. After that, a patent certificate will be issued and announced. The formality is crucial to follow as if failed, the patent will be treated as abandoned.

 

Use this guide to learn about applicable fees during the patent registration process in China.

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system. Take a look at our directory of providers in China

Sign up for free and we’ll help you solve any IP problem. 

Other posts

Navigating IP Challenges in the Telecommunication Sector in India
Patent Acceleration Programs in Israel: The Ultimate Guide
What You Need to Know About Copyright Law in Mexico
Trademark Laws in Spain: How to Secure Your Brand’s Legal Protection
Understanding the Trademark Registration Process in Mongolia: What You Need to Know
Filing a PCT National Phase Application in India: Key Deadlines and Strategic Tips
Understanding the Basics of Intellectual Property in Mexico: A Guide for Businesses
How to Register a Design in Poland: A Complete Guide to Protecting Your Unique Creations
Everything You Need to Know About Registering a Patent in Greece
The Pillars of Protection – Navigating the Pharmaceutical Patent Process in Brazil
Understanding Trademark Registration in France: Costs, Requirements, and Benefits
How to Register a Patent in Israel: A Step-by-Step Guide for Innovators and Entrepreneurs
Top Reasons to File Your Design in Estonia: Benefits and Costs Explained
The Intricacies of IT Patent Registration in China: Legal Framework
Patent Registration in Indonesia: Step-by-Step Process for Global Innovators
Trademark Registration in Switzerland: Everything You Need to Know
Patent Registration in Spain: Protecting Your Intellectual Property
Design Registration in Israel: A Comprehensive Guide
Trademark Opposition in Mexico: Effective Strategies
Design Registration in South Korea: A Detailed Overview
Trademark Registration in the Philippines: Legal Requirements
Benefits of Design Registration in Singapore for Competitive Market Edge
Utility Model Registration in India: Opportunities and Challenges
How to Register a Trademark in Israel: Requirements and Costs Explained
Why Design Registration in Bulgaria is Essential for Creators and Businesses
Comprehensive Guide to Trademark Registration in Cyprus: Protect Your Brand with Confidence
Design Registration in Lithuania: Your Gateway to European Markets
Navigating Brazil’s Updated Transfer Pricing Rules for Royalties
Patent Registration in Mexico: Key Aspects and Benefits
A Deep Dive into the Pros and Cons of AI Search Tools vs. Manual Methods in IP
Trademark Registration in Latvia: Key Steps and Requirements
Securing Your Design: A Guide to Registration in Italy
Entertainment Law Essentials: Protecting Creativity and Ensuring Fair Practices
Design Registration in the UK: The Legal Landscape, Insights and Tips
Trademark Registration in Singapore: Understanding the Costs and Fees
Design Registration in Greece Explained: From Concept to Protection
Understanding the Difference Between TEAS+ and Regular Trademark Applications in the US
The Journey of Patent Registration in China: Capitalizing on Creativity
The Ins and Outs of Patent Registration in Lithuania: What You Need to Know
Patent Annuities in India: Maximizing the Patent Value
Patent Registration in Italy Demystified: Master the Process
The Ultimate Guide to Amazon Brand Registry and Advanced Tools for Brands
Unlocking Trademark Registration in Greece: Essential Steps & Insights
Trademark Registration in Lithuania: Your Gateway to Legal Protection
Qatar Trademark Registration Essentials: A Must-Read for Businesses
Taiwan Trademark Application Made Simple: A Step-by-Step Guide
Knockout Trademark Search Tool: Boost Your Strategy With iPNOTE
Bulgarian Trademark Tactics: Empowering Businesses through Registration
AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Track, Manage, Succeed: Navigating IP Rights with iPNOTE
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?
Conduct a global patent search in 1 min!
START FREE AI SEARCH