Process of China’s Patent Application

The patent is an abbreviation of the intellectual property right, China’s patent is national examination and approval authority under the Chinese Patent Law, granted the exclusive right to create an invention by the patent applicant within the stipulated time. Submitted a patent application does not mean that you get a patent in China, in violation of state law, public morality or detrimental to public interest invention creation can not apply for a patent, the relevant scientific discoveries, rules and methods of intelligence activities, the diagnosis and treatment of the disease, animal and plant varieties as well as physical obtained by means of nuclear transformation can not get patents.

China’s Patent Application Process

Applicant can submit a patent application by hand, mail and electronics. Among them, hand means applicant submit the application to the patent office window, the admissibility of the window of local patent agency; mail means that the applicant need to post the application information by China Post registered mail or EMS to the  Admissibility Department of State Intellectual Property office, the address is Jimen Bridge Western Tucheng Road 6, Haidian District, Beijing, please note that sent to non-admissibility of the department or any individual does not have the force of law; electronic application refers applicants fill in the online Electronic Patent Application System of User Registration Request Form, and sign Electronic Patent Application System of User Registration Agreement, and provide relevant identification.

Application Information

Generally, applicants for invention and utility model patents need to provide the requested books, brochures, abstract of the specification, drawings, claims book (which requires the scope of patent protection) and other information. The design patent need to provide a letter of request, pictures (not less than 3 * 8cm, nor larger than 15 * 22cm), and a brief description of the design. It should be noted that the patent application file must meet certain formal requirements, such as: A4 paper, using Chinese Simplified Chinese characters, in duplicate data, using standard forms, form-sided without scoring column writing, drawings with black ink and drawing tools to create the same kind of file page number written order.

Application Process

受理:Accept初审:First instance公告(发明专利):Announcement (invention patent) 实质审查(发明专利):Substantive examination (invention patent) 授权:Authorize

Under the premise of Fully comply with the documentation submitted by the applicant, and is accordance with commissioned, mailing, divisional provisions, patent examination and approval department will accept the patent application, and issued to the applicant acceptance notice. Notification of Acceptance records include: filing date, application number, inventions name, the name of the applicant, contact information, list of documents verified by the Patent Office. Among them, the date is different according to the application ways, the dates of handing and electronic application are the received date, the date of mail is the postmark date of sending. The application number is a sign of the patent application which has been officially accepted, including application the reign, category number and application serial number, such as:

申请年号:application the reign, 类别号:category number, 申请流水号:application serial number

Patent Principal-agent

According to the patent laws and regulations of China, the domestic units and individuals to apply or domestic units and individuals (as the first signature of the applicant) to apply with foreign countries or Hong Kong, Macao and Taiwan, can not entrust an agency jointly, but the following situations must entrust an agency:

There is no habitual residence or place of business of foreign units and individuals in China, including its joint application as the first signed by the applicant (foreign);

Units or individuals of Hong Kong, Macao and Taiwan, including its joint application of the first signed by the applicant (foreign or ordinary);

Chinese entity or individual inventions completed in China to foreign patent applications (foreign).

Conpak Certified Accountants ( is a professional agency of intellectual property. We are an experienced agency from the Conpak customer feedback situation. We can make professional file write, it will save a lot of time and effort for the applicant. Therefore, it is recommended that applicant is best entrusted to the agency handling patent applications.

It is worth mentioning that the China’s patent authorization is followed the principle of first filed, that is, who apply first can get the patent. Therefore, Conpak remind the applicant to maximize the protection of intellectual achievements and should select appropriate timing of patent applications, avoid others first to apply.

Introduction of China’s Patent

Through legal channels to obtain patent protection for the created invention, is the key to the success of today’s businesses. Conpak Certified Public Accountants very understands of China’s patent system. We are happy to share with you the information about China’s patent type, expiration date, and priority.

Benefits of China’s Patent Application

As the created invention protected by the law, the patent has an important role to encourage innovation and safeguard the legitimate rights and interests of enterprises. On the rights of people, the patent benefits include:

  • Prevent the loss of technological achievements;
  • Exclusive patented product sales market, to prevent commercial competition;
  • Improve the core competitiveness of enterprises;
  • Safeguard company’s legitimate rights and interests, to avoid infringement;
  • Increase the assessed value of assets, transfer, licensing, pledge for financial gain;
  • Enhance the image of the enterprises and their products;
  • Enjoy the preferential policies of the government revenue and export trade.

Types of China’s Patent

According to the patent laws and regulations of China, the types of China’s patent including inventions, utility models and designs. Invention refers to any new technical solution proposed product, a process or improvement; utility model refers to the shape of the product, structure, or their combination for new technical solutions proposed; design refers to product’s shape, pattern or combination of color and the shape, pattern made ​​by the combination of new design aesthetic feeling and is fit for industrial application. To obtain patents, inventions and utility models must possess novelty, inventiveness and practical, design is not the same and not similar with domestic and foreign publications published before the date of filing or domestic public appearance of design.

China’s Patent Distinction

China’s patent classification defined clearly, whether censorship or application process, there are many differences among inventions, utility models and design, please see the following table:

Differences of Invention, Utility model and Design



Utility model



Substantive examination

Form of review

Form of review

Application process








Strength of protection




China’s Patent Validity

The patent has the timing, that the patent is valid only within a certain period. The China’s patent is valid from the date of filing, the invention patent is valid for 20 years, utility model and design patents are valid for 10 years.


Priority of China’s Patent

China’s patent has priority. If the applicants first apply the same subject invention or utility model in China, the first date of a patent application within 12 months from the again patent application from the Patent Office of China’s State Intellectual Property Office, applicants can enjoy a national priority; if the applicants apply the same invention or utility model in a foreign country for the first time within 12 months from the date of patent application, or on the same design in foreign first 6 months from the date of patent application, then apply the patent in China, applications will have an international priority.

In addition, in order to encourage invention and innovation, the Chinese government establishes a special fund to support the China’s patent apply foreign patent, successful applicants will receive up to 10 million in grants. If you want to entrust an agency to apply for patents business or patent funding, please contact Conpak. We will provide you with professional services, and to develop a full range of intellectual property protection program.