China Patent System

Best for: Companies with clear commercial interest in China and relatively simple prosecution

1. File home-country application (USPTO, etc.)
2. Within deadline, file Chinese application at CNIPA claiming priority
3. Submit Chinese translation within time limit
4. Pay CNIPA filing fees and appoint Chinese patent attorney
5. Examination and prosecution in Chinese

Best for: Companies evaluating commercial potential; complex inventions needing more time; multiple country filings

1. File PCT application (through USPTO, EPO, or CNIPA as receiving office)
2. Enter Chinese national phase by 30-month deadline
3. Submit Chinese translation; pay national phase entry fees
4. CNIPA sends first office action after national phase entry
5. Prosecution in Chinese by local attorney

Applies to

• Inventions made in China by any person or entity
• Chinese inventors working for foreign companies
• R&D conducted at Chinese subsidiaries, JVs, or labs
• Software and algorithms developed in China

Does NOT apply to

• Inventions made entirely outside China
• Inventions where no work was done in China
• Non-Chinese inventors working abroad on their home country IP
• Design patents and utility models (only invention patents)

How to comply

• File in China first, request security examination
• Wait for CNIPA clearance (typically ~4 months)
• OR: File PCT through CNIPA as receiving office (automatic)
• Do NOT file abroad before receiving clearance

Consequences of violation

• Chinese application becomes void/unenforceable
• Cannot cure the violation after the fact
• Potential administrative penalties
• Permanently bars patent protection in China for that invention

United States

China

What are the three types of patents in China?

China has three patent types: (1) Invention patents — the equivalent of a US utility patent, covering products and processes, with a 20-year term and full substantive examination. Average examination timeline is 2–4 years. (2) Utility model patents (shiyong xinxing) — covering only products (not processes), with a 10-year term and no substantive examination (registered after formal examination only, typically within 6–12 months). Utility models are sometimes called 'petty patents' and are widely used for incremental mechanical inventions. They can be asserted but are more vulnerable to invalidity if challenged. (3) Design patents — covering the ornamental appearance of a product (shape, pattern, color, or combination), with a 15-year term since the 2021 Patent Law amendment (previously 10 years). China also joined the Hague System for design patents in 2022, allowing international design filings through WIPO.

How do foreign companies file patents in China?

Foreign companies have two main routes: (1) Paris Convention national phase — file a home-country application first (e.g., USPTO), then file a Chinese application at CNIPA within 12 months (invention) or 6 months (design) claiming priority. Documents can be in English initially with a Chinese translation within a prescribed deadline. (2) PCT national phase — file an international PCT application, then enter the Chinese national phase by 30 months from the earliest priority date. This gives more time to assess commercial potential before committing to Chinese prosecution costs. A Chinese patent attorney (registered with CNIPA) must handle prosecution for foreign applicants — foreign attorneys cannot represent clients directly at CNIPA. Filing fees are payable in RMB and are significantly lower than USPTO fees.

What is China's security examination requirement?

Under Article 20 of China's Patent Law, any invention or utility model made in China must receive a security examination from CNIPA before the applicant files a patent application in a foreign country. To obtain clearance, the applicant must either: (1) file a Chinese application first and request a security examination, then wait for the examination result (typically 4 months) before filing abroad, or (2) file a PCT application through CNIPA as the receiving office, which automatically triggers security examination. Violations — filing abroad without security examination — can result in the Chinese application being voided and potential administrative penalties. This requirement applies to inventions made in China regardless of the nationality of the inventor or applicant. Inventions made outside China (e.g., at a US headquarters) are not subject to this requirement even if the applicant is a Chinese entity.

How is patent enforcement handled in China?

Patent enforcement in China can proceed through two parallel tracks: (1) Civil litigation in specialized IP courts. China established dedicated IP courts in Beijing, Shanghai, and Guangzhou in 2014–2017, and IP Tribunals in over 20 additional cities by 2019. The Supreme People's Court IP Division handles technical appeals. Chinese courts have become increasingly sophisticated and willing to award substantial damages — major awards of $100M+ have been issued in recent years. Chinese courts can issue preliminary injunctions (temporary restraining orders) in patent cases. (2) Administrative enforcement through CNIPA or local IP offices — faster than litigation but damages are capped. Administrative route is useful for stopping infringing products at trade shows or in markets. China has also strengthened its Customs IP recordation system, allowing rights holders to record patents with customs to intercept infringing imports and exports.

Can a Chinese utility model and an invention patent coexist on the same invention?

Yes — a dual-filing strategy is commonly used in China. An applicant can file both a utility model application and an invention patent application on the same day for the same invention. The utility model will typically grant in 6–12 months, providing early enforceable protection while the invention patent application undergoes full substantive examination (2–4 years). Once the invention patent grants, the applicant must abandon the utility model (they cannot hold both simultaneously on identical subject matter). This strategy is useful for companies that need quick protection in a fast-moving market but also want the stronger, more defensible protection of an invention patent in the long run. The utility model cannot cover processes — only products — so some inventions are not eligible for dual filing.