Examination Process

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The whole process from the filing date to the notification date, it generally take 2-3 years.

※1）Filing and Acceptance 

Paris Convention route: Where a patent application meets the requirements of acceptance, determining the date of filing, assignment of the application number, and after checking the number of documents the Notification of Acceptance of Patent Application will be issued, If the application is submitted with electronic documents, it will generally receive the Notification of Acceptance within 2-3 working days.

PCT route: the Notification of International Application Entering the Chinese National Phase, in which the National Application Number will be indicated, will be issued from the CNIPA within 1 to 2 months after the date of entry.

※2）Preliminary Examination 

Article 34 provides that where, after receiving a patent application for invention, the Patent Office, upon preliminary examination, finds the application to be in conformity with the requirements of the Patent Law, it shall publish the application promptly after the expiration of

eighteen months from the date of filing.

During preliminary examination, for a patent application whose application documents have defects that can be eliminated through rectifications, the examiner shall issue the Notification to Make Rectification.

※3）Publication 

The Publication will be made at the end of 18 months from the date of application (priority date) after passing the Preliminary Examination. You can also check the "Request for early publication of the patent application" while filing the patent application. After the request is publicized in advance, it will be publicized 3-6 months from the date of application.

※4）Substantive Examination 

This substantive examination will be carried out on request of the applicant which can be file at the time of filing or within 3 years from the priority or filing date of the application.

With regarding to the request of substantive examination, the Applicant can file an amendment on his own initiative, and also can request for delayed examination.

※5）Response to substantive examination(Applicant/agent)

In the substantive examination stage, the examiner conducts examination on substantive defects such as novelty and inventive step and practical applicability. If so, he shall notify the applicant and request him to submit his observations. 

The first Notification of the Office Action: The specified time limit for replying the first Office Action is 4 months. 

The Nth Notification of the Office Action: The specified time limit for replying the Nth Office Action is 2 months.

※ 6）Grant/Rejection 

6.1）Grant: The Patent Office: Where it is found after the substantive examination of a patent application for invention that there is no grounds for rejection of the application, the Patent Office shall make a decision to grant the patent right, issue the patent certificate, and conduct registration in the Patent Register, and announce it in the Patent Gazette. The patent right shall take effect from the date of announcement. Before the grant of patent right, the Patent Office shall issue the Notification to Gran Patent Right.

Applicant/Patent Agent: At the same time when the Patent Office issues the Notification to Grant Patent Right, it shall also issue the Notification to go through formalities of Registration. The applicant shall go through the formalities of Registration within 2 months from the date of receipt of the notification.

6.2）Rejection(re-examination)：The Patent Office: After the applicant has made the observations or amendments, the examiner finds that the defects falling into the situations described in Rule 53, which have been pointed out in the Office Action still exist in the application, the application shall be rejected and the Decision of Rejection will be issued.

Applicant/agent：The applicant may file a request for re-examination with the Patent Reexamination Board within 3 months from the date of receipt of the Decision of Rejection by the Patent Office. 

Documents Required

For filing patent application in China, the following documents and information are required:

1)Request 

2)Description, Claims, Abstract, Drawings (If any), Figure Accompanying the Abstract(If any)

3)Priority information and related documents (If any)

4)Power of Attorney (No notarization required)

5) Other documents and requirements

5.1) For an application relating to biological material submitting, a certificate of deposit and a certificate of viability of the biological material issued by the depository institution.

5.2) As for an application relating to nucleotide or amino acid sequence, a sequence list in XML and PDF format is needed.

5.3) Where an application for patent is filed for an invention-creation which is developed on the basis of genetic resources, the applicant shall state the source of said genetic resources in the request, and fill in the Registration Form for Indicating Source of Genetic Resources.

Time limitation

Paris Convention: Under Chinese Patent Law, the deadline for filing a patent application in China under Paris Convention route will be 12 months respectively from the earliest priority date or from the international filing date of the application.

PCT :Under Chinese Patent Law, the deadline for filing a patent application for entry into the Chinese National phase under PCT route will be within 30 months from the earliest priority date or from the international filing date of the application【The applicant may, after paying a surcharge for the late entry, go through the formalities for entering the Chinese national phase within 32 months from the priority date.( 2 months of period grace )】

Subject Matters not protected as Inventions

[Article 25 ] For any of the following, no patent right shall be granted:

1)scientific discoveries

2)rules and methods for mental activities

3)methods for the diagnosis or for the treatment of diseases 

4)animal and plant varieties

5)methods of nuclear transformation and substances obtained by means of nuclear transformation

6)designs of two-dimensional printing goods, made of the pattern, the color or the combination of the two, which serve mainly as indicators

For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.