Requirements for Filing a Chinese Patent Application

1. Instruction Letter, indicating:
a) title of invention/utility model/design
b) type of patent application
c) name(s), address(es), and nationality(ies) of applicant(s) and inventor(s)
d) priority application date, number and country, if claiming foreign priority
e) requesting simultaneously for substantive examination or not
f) the date by which the application must be filed, etc.
If an applicant or an inventor has its/his/her Chinese name and/or address, the
Chinese characters are requisite to avoid any possible different versions.
2. Power of Attorney
- Please use our (single) Power of Attorney form or General Power of Attorney
form; original signatures by the applicants are required. No legalization is needed.
- If using our (single) Power of Attorney form, one (single) Power of Attorney shall
be submitted for every one application.
- If using our General Power of Attorney form, one General Power of Attorney will
cover all future patent applications.
3. Application Documents, to contain:
a) Invention or utility model: a description, claims, drawings (if any) and an
b) Design: three (3) sets of drawings/photos of the product incorporated with the
design. Such drawings/photos shall be sized from 3cm x 8cm to 15cm x 22cm
and with no shade lines and/or dotted lines.
If seeking protection for the shape of a product, drawings/photos of six
elevation views and one perspective (if any) view are required.
If seeking protection for pattern, unfolded and perspective drawings are
If claiming colors, three (3) colored set of the drawings/photos are
If there are special comments, a brief specification is required.
4. Priority Document and Assignment
a) Priority Document: If a foreign priority is claimed, information on priority
application date, number and country shall be provided before filing the patent
The priority document, i.e., a certified copy of the priority application
shall be submitted to the Chinese Patent Office completely indicating the
name(s) of the applicant(s) and/or inventor(s).
b) Assignment: If the applicant of the priority application is different from the
applicant of the Chinese application, an assignment shall be submitted.
A certified/notarized copy of a foreign assignment of the priority
application is acceptable for this purpose.
The applicant may also use our assignment form, which shall be
executed by the applicant of the priority application.
5. National Phase Entry of PCT Applications
a) PCT publication with the international search report;
b) International preliminary examination report with its annex;
c) Amendments made during the international phase (PCT Article 19 and/or
Article 34 amendments, if any);
d) Proposed amendments at the time of national phase entry (PCT Article 28 or
Article 41 amendment, if any);
e) Power of Attorney, with the original signature or seal of the applicant. The
Power of Attorney can be late filed.
6. Notes:
a) If the Power of Attorney fails to be submitted when filing the application,
same can be filed later. Please make sure that the date of execution shall be
earlier than the Chinese filing date.
b) Both priority document and assignment can be late filed but shall be filed
within three (3) months from the date of filing. Otherwise, the Chinese Patent
Office will issue a Notice on Deeming Not Having Requested Convention
Priority. The applicant may request for restoration of the priority by
submitting the priority document and/or assignment within two (2) months
from the date of receiving said Notice with a payment of restoration fee.
c) Since China has joined the Budapest Treaty in July 1995, when a new
microorganism species is involved in a patent application, the new
microorganism species can be deposited in an international depository
institution designated by the Treaty.
A copy of receipt of deposit and the viability proof both issued by the
international depository institution shall be submitted either at the time
when filing the application or within three (3) months from the date of
filing the Chinese application.
d) According to the Chinese Patent Law, for patent application for invention, the
request for substantive examination shall be filed within three (3) years from
the date of filing/priority. Failure in making the request will cause the
application being deemed withdrawn.
e) Since the Chinese Patent Office accepts application documents only in
Chinese version, therefore, it is recommended that the filing documents be
forwarded to us two (2) weeks prior to the date by which the application must
be filed or the date on which the priority period expires so that we can have
sufficient time to prepare the Chinese application documents, including
translation. We also undertake the entrustment for filing urgent patent
application, for example, an application that has to be filed within three(3)
days or less. In this case, a certain urgent service fee will be charged.