Chinese Patent Filing Guideline

1. Regular patent application for inventions:
1) A copy of description, claims, abstract, and drawings if any;
2) Applicant and inventor(s) information, including name, nationality, and address;
3) Priority data—country, application number, and filing date;
4) Priority document—certified copy of the prior application, that may be submitted within three (3) months from the Chinese filing date;
5) Power of attorney, that may be submitted within three (3) months from the Chinese filing date; it must be original, but no legalization is required.
6) Assignment—required if there is any change of applicant (for most of the U. S. based applications). The Assignment must be original and/or a true copy and notarized, or an officially certified copy of the Assignment.
7) Note: The Chinese application must be filed before the expiration of the 12 months priority term. If there is no priority claim, the Chinese application must be filed before any publication of the subject invention anywhere or other public disclosure of the invention in China.  Since October 1, 2009, if there is no priority claim, the Chinese application must be filed before any publication or other public disclosure of the subject invention anywhere around the world.

2. Completion of PCT application in China (entry of national phase):
1) A copy of PCT publication—at least the PCT publication number, or a copy of the originally filed PCT application if not yet published;
2) Applicant and inventor(s) information, including name, nationality, and address;
3) Priority data—country, application number, and filing date;
4) Priority document—NOT required, if submitted during PCT procedure;
5) Power of attorney, that may be submitted within three (3) months from the Chinese entry date; it must be original, but no legalization is required.
6) Assignment—NOT required, if there is no change of applicant during PCT procedure. (See documentation requirements above).
7) Note: The Chinese application may be filed within two (2) months after the expiration of thirty (30)-months term; but there will be a restoration charge.

3. The documentation of the Chinese utility model patent applications is similar to the patent for inventions as set out above. However, there is no substantive examination.


4. The documentation of Chinese design patent applications:
1) A set of design drawings or a copy of the prior foreign application; No shading lines or other effective lines are permitted, but various views showing the ornamental features are required.  Brief description is required after October 1, 2009.
2) Applicant and inventor(s) information, priority, and assignment, (see same requirements for invention patent above)

5. The substantive examination must be required within three (3) years from the first (priority) filing date. This term is not extendible.

6. The total of past years annual application maintenance fees for applications of patent for invention shall be paid together with patent certificate fees after the grant of patent. No grant, no maintenance fees. However, patent Annuities shall be paid every year after the grant of patent.