PCT Applicant's Guide China EQE - Valid as from 31 Oct 2024

GENERAL INFO
RO
ISA
IPEA
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: China National Intellectual Property Administration (CNIPA)

CPL: Patent Law of the People’s Republic of China

CPR: Implementing Regulations of the Patent Law of the People’s Republic of China

HKSAR: Hong Kong Special Administrative Region of the People’s Republic of China

IPD: Intellectual Property Department of the HKSAR

Ordinance: Patents Ordinance (Cap. 514)

List of currencies used in this document:

CHF (Swiss franc), CNY (Yuan renminbi), EUR (Euro), HKD (Hong Kong dollar), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Rule 49.6(f)

The Office has withdrawn its notification of incompatibility with its national law under PCT Rules 20.8(b) and 20.8(b-bis) as from 20 January 2024, and the relevant PCT Rules will apply to international applications which enter its national phase on or after 20 January 2024.
The Office has withdrawn its notification of incompatibility with its national law under PCT Rules 49ter.1(g) and 49ter.2(h) as from 20 January 2024, and the relevant PCT Rules will apply to international applications in respect of which the two-month period from the date of entry into its national phase expires on or after 20 January 2024.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

China

Two-letter code:

Name of Office:

China National Intellectual Property Administration (CNIPA)

Location:

6 Xituchenglu
Jimen Bridge
Haidian District
P.O. Box 8020
Beijing 100088
China

Mailing address:

Same as above

Telephone:

Customer Service
(86-10) 62 35 66 55

E-mail:

pct_affairs@cnipa.gov.cn

Website:

http://www.cnipa.gov.cn

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

For further details on how to request this Office to make applications available to DAS, refer to: http://www.cnipa.gov.cn/art/2020/6/5/art_1549_99779.html.

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

CN,

Does national legislation restrict the filing of international applications with foreign Offices?

Patent Law of the People’s Republic of China, Articles 4, 19 and 78 and Implementing Regulations of the Patent Law of the People’s Republic of China, Rules 8 and 9.

Yes, filing restrictions apply to:

Inventions made in China

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

The designation of China in any international PCT application includes the Hong Kong Special Administrative Region (HKSAR). For details about the procedure before the Intellectual Property Department of the HKSAR for the grant of a standard patent or a short-term patent in the HKSAR, refer to paragraphs CN.16 to CN.19 of the Procedure Location and mailing address of the IPD of the HKSAR:
25^th Floor, Wu Chung House, 213 Queen’s Road East, Hong Kong (SAR), China
tel: (852) 2961 6315
fax: (852) 2838 6276

Types of protection available via the PCT:

Patents,

Utility models

Payment methods accepted by the Office:

CNIPA offers three payment methods:

(a) Online payment
Applicants may log in Patent Business Processing System (https://cponline.cnipa.gov.cn/) and make online payment.

(b) Bank transfer
Applicants may pay into the CNIPA bank account by providing the application number, the name of the fee, and the amount in accordance with the requirements of CNIPA.

(c) Payment over the counter
Applicants may pay the fees in person at the Reception Hall of CNIPA together with the fee calculation sheet.

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

(1) International application published in Chinese:
the applicant has the right provided under Article 13 of the Patent Law to the requirement of the payment of an appropriate fee for the exploitation of the invention from the date of international publication

(2) International application published in a language other than Chinese:
the applicant has the right provided under Article 13 of the Patent Law to the requirement of the payment of an appropriate fee for the exploitation of the invention from the date of publication in the Chinese Patent Gazette of a translation into Chinese of the international application submitted by the applicant to the Office

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

The indication of the inventor’s address is not required by the Office. The name may be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

China

Language in which international applications may be filed:

Chinese,

English

Language accepted for language-dependent free text in the sequence listing:

Chinese,

English,

or both

Language in which the request may be filed:

Chinese,

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 24 August 2023, pages 163 et seq.

Yes, the Office accepts electronic filing via Patent Business Processing System

Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?

Yes, any format

Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?

Yes

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

Yes

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

The availability of the EPO as International Searching Authority is limited to international applications filed in English and subject to a maximum number of international applications per year. The pilot project has been extended until 30 November 2026, for a maximum of 3,000 international applications per year. For further details on this pilot project, refer to the EPO’s website at: https://www.epo.org/service-support/faq/own-file/cnipa-epo-pilot.html and to the CNIPA’s website at: https://www.cnipa.gov.cn/art/2023/10/11/art_332_187931.html.

Competent International Preliminary Examining Authority:

This Authority is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

None

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

10,620 CNY

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

120 CNY

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

1,600 CNY

Electronic filing (the request, description, claims and abstract in character coded format):

2,400 CNY

Search fee:

Refer to
Annex D(CN)

Annex D(EP)

Fee for priority document (PCT Rule 17.1(b)):

150 CNY

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

1,000 CNY

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1bis):

per page 2 CNY

Is an agent required by the receiving Office?

Yes, if the applicant has no habitual residence or business office in the Chinese mainland
No, if the applicant has a habitual residence or business office in the Chinese mainland

Who can act as agent?

Any of the patent agencies legally incorporated in China. A list of patent agencies may be obtained from the Office.

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:

AO,

CN,

GH,

IN,

IR,

KE,

KH,

KP,

LA,

LR,

SA,

TH,

Fees payable to the ISA:

Search fee (PCT Rule 16):

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.

263 CHF

2,100 CNY

273 EUR

288 USD

Additional search fee (PCT Rule 40.2):

This fee is payable to the International Searching Authority and only in particular circumstances.

2,100 CNY

Fee for copies of documents cited in the international search report (PCT Rule 44.3):

per page 2 CNY

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

per page 2 CNY

Protest fee (PCT Rule 40.2(e)):

200 CNY

Late furnishing fee (PCT Rule 13ter.1(c)):

200 CNY

Conditions for refund and amount of refund of the search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%

Where the Authority benefits from an earlier search to the full extent or to a substantially prevailing portion:
refund of 75%

Languages accepted for international search:

Chinese,

English

Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings :

CD-ROM,

DVD

Subject matter that will not be searched:

The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Chinese patent law

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:

The China National Intellectual Property Administration (CNIPA) may act as International Preliminary Examining Authority only if the international search is or has been performed by that Office.

AO,

CN,

GH,

IN,

IR,

KE,

KH,

KP,

LA,

LR,

SA,

TH,

Fees payable to the IPEA:

Preliminary examination fee (PCT Rule 58):

This fee is payable to the International Preliminary Examining Authority.

1,500 CNY

Additional preliminary examination fee (PCT Rule 68.3):

This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.

1,500 CNY

Handling fee (PCT Rule 57.1):

This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)). For further details, refer to Official Notices (PCT Gazette) dated 29 May 2008, page 69, Schedule of Fees, item 4.

1,600 CNY

Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):

per page 2 CNY

Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):

per page 2 CNY

Protest fee (PCT Rule 68.3(e)):

200 CNY

Late furnishing fee (PCT Rule 13ter.2):

200 CNY

Conditions for refund and amount of refund of the preliminary examination fee:

Money paid by mistake, without cause, or in excess, will be refunded.
In the cases provided for under PCT Rule 58.3:
refund of 100%
If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%

Languages accepted for international preliminary examination:

Chinese,

English

Subject matter that will not be examined:

The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of Chinese patent law

Are there any restrictions with regard to the competence of the Authority acting as an International Preliminary Examining Authority?

The China National Intellectual Property Administration (CNIPA) may act as International Preliminary Examining Authority only if the international search is or has been performed by that Office.

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

The scientific name (with its Latin name) of the microorganism, relevant information on the characteristics of the microorganism, a receipt of deposit and the viability proof from the depositary institution of a sample of the microorganism

Additional information

Deposits may be made for the purposes of the patent procedure before the China National Intellectual Property Administration (CNIPA) with CGMCC, CCTCC or GDMCC (refer to further in this Annex), or with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. Deposits shall be made for the purposes of the patent procedure before, or at the latest on, the date of filing (or the priority date where priority is claimed).

National Phase

Summary of requirements for entry into the national phase

The People’s Republic of China established the Hong Kong Special Administrative Region of the People’s Republic of China (HKSAR) on 1 July 1997. The HKSAR operates an independent Patents Registry and all matters relating to the grant, administration or litigation in relation to patents are decided in the HKSAR according to the HKSAR’s Patents Ordinance (Cap. 514). Patents granted by the China National Intellectual Property Administration (CNIPA) are not automatically protected in the HKSAR but the grant of a patent by the China National Intellectual Property Administration (CNIPA) can form the basis for patents in the HKSAR. In order to obtain patents via the PCT, the applicant must designate China. Refer to paragraphs CN.17 to CN.19 of the chapter concerning the China National Intellectual Property Administration (CNIPA), in National Phase of the PCT Applicant’s Guide, for details of the national phase before the Intellectual Property Department (IPD) of the HKSAR.

Time limits applicable for entry into the national phase:

The time limit may be extended by two months, provided the applicant pays the prescribed fee (PCT Article 48 and Implementing Regulations of Chinese Patent Law, Rule 120).

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Does the Office permit reinstatement of rights (PCT Rule 49.6)?

Translation of international application required into (one of) the following language(s):

Must be furnished within the time limit applicable under PCT Article 22 or 39(1).

Chinese

Required contents of the translation for entry into the national phase:

Must be furnished within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Request, description, claims (if amended, both as originally filed and as amended, if the applicant wishes the amendments to form the basis for the proceedings, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Request, description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report, if the applicant wishes the amendments to form the basis for the proceedings)

Is a copy of the international application required in particular circumstances?

Must be furnished within the time limit applicable under PCT Article 22 or 39(1).

The applicant should only send a copy of the international application if the China National Intellectual Property Administration (CNIPA) has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2)

In the HKSAR, the applicant should send a copy of the international application as published by the International Bureau and a copy of the international application as published by the China National Intellectual Property Administration (CNIPA) if the international application was not published in Chinese in the international phase

Does the Office accept color drawings under its national law?

Yes. According to Guidelines for Patent Examination, CNIPA accept color drawings, relevant provisions are as follows. When any ambiguity of interpretation is found in this provisional translation, the Chinese text shall prevail.

Part I, Chapter 1, 4.3
The drawings shall be executed with the aid of drafting instruments including computer. The lines shall be uniformly thick and well defined, and free from alterations. Engineering blueprint drawings shall not be used. The drawings are generally executed in black ink, when necessary, color drawings can be submitted to describe the relevant technical content of the patent application clearly.
Generally, photographs shall not be used as drawings, however, under special circumstances, for example, when a metallographic structure, histocyte, or electrophoresis pattern is to be shown, photographs may be used as drawings and they may be pasted on the sheet of drawings.

Part I, Chapter 2, 7.3
No engineerings blueprints or photographs shall be used as drawings.
The drawings shall be executed with the aid of drafting instruments including computer. The lines shall be uniformly thick and distinct, and free from alterations. Frame lines irrelevant to the figures are not allowed around the figures. The drawings are generally executed in black ink, when necessary, color drawings can be submitted to describe the relevant technical content of the patent application clearly.

National fees:

Patents

Filing fee

Must be furnished within the time limit applicable under PCT Article 22 or 39(1).

900 CNY

Additional filing fee:

Must be furnished within the time limit applicable under PCT Article 22 or 39(1).

— for each sheet of the description in excess of 30 sheets

50 CNY

— for each sheet of the description in excess of 300 sheets

100 CNY

— for each claim in excess of 10

The additional filing fee for entry into the national phase is calculated on the basis of the number of claims in the international application as originally filed, and not as subsequently reduced, if applicable. For further details on the fees, refer to http://www.cnipa.gov.cn.

150 CNY

Application publication fee

50 CNY

Fee for priority claims

Must be furnished within the time limit applicable under PCT Article 22 or 39(1).

per priority 80 CNY

Examination fee

This fee is due within three years from the priority date.

2,500 CNY

Utility models

Must be furnished within the time limit applicable under PCT Article 22 or 39(1).

Filing fee

500 CNY

Additional filing fee:

— for each sheet of the description in excess of 30 sheets

50 CNY

— for each sheet of the description in excess of 300 sheets

100 CNY

— for each claim in excess of 10

150 CNY

Fee for priority claims

per priority 80 CNY

Exemptions, reductions or refunds of fees:

The filing fee and the additional filing fee for an international application entering the national phase shall be exempted when the China National Intellectual Property Administration (CNIPA) acts as the Receiving Office and the International Searching Authority.

No examination fee is payable if the international search report and the international preliminary report on patentability have been issued by the China National Intellectual Property Administration (CNIPA)

A refund of 50% of the examination fee may be requested where the application has entered the substantive examination stage and the application is voluntarily withdrawn prior to the expiration of the time limit for responding to the first examination opinion (except when a response has already been submitted)

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Name of the inventor if it has not been furnished in the “Request” part of the international application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Instrument of assignment of the priority right where the applicants are not identical

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

If necessary, instrument of assignment of the international application if the applicant has changed after the international filing date

Appointment of an agent

Evidence concerning exceptions to lack of novelty if the applicant claims such exceptions in respect of the international application

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form

Who can act as agent?

Any of the patent agencies legally incorporated in China. A list of patent agencies may be obtained from the Office.

Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?

Yes

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “unintentional” criterion to such requests. The time limit for filing a request for restoration of the right of priority with CNIPA as a designated Office is two months from the date of entry into the national phase before the Office.

The procedure in the national Phase

CN.01 FORM FOR ENTERING THE NATIONAL PHASE

The Office has available special forms for entering the national phase (refer to Annex CN.II for invention applications and Annex CN.III for utility model applications). These forms should preferably (but need not) be used when effecting the payment of the national fee and for the furnishing of the translation of the international application into Chinese. The forms are also available on the Office’s website at http://www.cnipa.gov.cn.

CN.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

CN.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CN.I.

CN.04 REQUEST FOR EXAMINATION

CPL Art. 35, CPR Rules 110, CPR Rules 113
The Office examines patent applications as to substance only upon a request for examination and the payment of an examination fee which must be effected within three years from the priority date. The amount of the examination fee is indicated in Annex CN.I. A copy of the form for requesting examination is contained in Annex CN.IV. The form is also available on the Office’s website at http://www.cnipa.gov.cn.

CN.05 POWER OF ATTORNEY

CPR Rule 17
An agent must be appointed by filing a power of attorney.

CN.06 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, CPR Rules 57, CPR Rules 130
With regard to an international application for a utility model, the applicant may file a request with the Office to amend the description, drawings and claims on his own initiative within two months from the date of entry into the national phase. With regard to an international application for a patent of invention, the applicant may amend the application on his own initiative at the time when a request for examination is made, and within three months after the receipt of the notification of the Office that the application has entered into examination as to substance. Where the applicant wishes to amend the application, to correct defects indicated in the notification of opinions of the examination issued by the Office, such amendments shall be made within the time limit set by the Office.

CN.07 INSTRUMENT OF ASSIGNMENT

The applicant is presumed to have the right to file the international application and therefore no instrument of assignment is required if the international application is filed by an entity for an employee invention made by an inventor who is an employee of that entity. After the application is filed, an instrument of assignment is required for each change if there is any change in the person of the applicant.

CN.08 SPECIAL FEE IN CASE OF LACK OF UNITY OF INVENTION

PCT Art. 17(3)(b), PCT Art. 34(3)(c), CPR Rule 133
Where a part of the international application was not subjected to international search or preliminary examination because the international application did not comply with the requirement of unity of invention and the applicant did not pay the additional search or preliminary examination fee to the International Searching or Preliminary Examination Authority, the Office will decide whether the said finding as regards the application translated into the Chinese language was correct. If this is found to be the case, the Office will invite the applicant to pay a special fee within the time limit fixed in the notification of this decision. The amount of the said fee is indicated in Annex CN.I. Where the applicant does not pay the special fee, that part of the international application which was not subjected to international search or preliminary examination will be considered withdrawn.

CN.09 ANNUAL FEES

CPL Art. 43, CPR Rules 60, CPR Rules 115
The first annual fee must be paid within two months from the receipt of the notice from the Office of the grant of the patent. All subsequent annual fees must be paid in advance within the month before the anniversary of the international filing date. If the annual fee is not paid or not paid in full, the Office will invite the applicant to pay it within six months from the expiration of the time limit due, with a surcharge. Where the annual fee is not paid within the prescribed time limit, the patent shall be deemed lapsed from the expiration of the time limit within which the annual fee should have been paid. The amounts of the annual fees are indicated in Annex CN.I.

CN.10 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, CPR Rule 134
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. Where an international application in the international phase has not been accorded an international filing date or has been considered withdrawn by one of the international authorities, the applicant may request reconsideration by the Office.

CN.11 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis, CPR Rule 120
If the applicant fails to perform the acts necessary for entry into the national phase within the prescribed time limit of 30 months, he may perform the required acts before the expiration of a time limit of 32 months from the priority date, provided that he pays a surcharge for late entry into the national phase.

CN.12

CPR Rules 6, CPR Rules 122
Subject to CPR Rule 122, where, because of force majeure, after having performed the acts necessary for entering the national phase, the time limit prescribed in the CPL or the CPR or specified by the Office is not observed, resulting in the loss of any right, the applicant may request restoration of his rights within two months from the date of the removal of the impediment and within two years from the expiration of the time limit. Such a request should be accompanied by a statement of reasons for the failure to meet the time limit and any relevant supporting documents. Where, because of any justified reason, the time limit prescribed in the CPL of the CPR or specified by the Office is not observed, resulting in the loss of any right, the applicant may state the reasons and request the Office to restore his rights, within two months from the date of receipt of a notification from the Office.

CN.13 RESTORATION OF PRIORITY CLAIM

Where the International Bureau or the receiving Office has declared that the priority claim is considered not to have been made according to PCT Rule 26bis.2 and the related information has been published together with the international application, the applicant may, within two months from the date of entering the national phase, request restoration of the priority claim. The request for restoration of the priority claim is subject to the payment of a fee (for the amount, refer to Annex CN.I).

CN.14 UTILITY MODEL

CPR Rules 43, CPR Rules 44, PCT Rule 49bis.1(a), PCT Rule 76.5
If the applicant wishes to obtain a utility model instead of a patent in China, on the basis of an international application, the applicant, when performing the acts referred to in PCT Article 22 or 39, shall so indicate to the Office.

CN.15

The requirements for the national phase are basically the same as for patents, except that for utility models a drawing must be furnished and no examination as to substance is carried out. An international application for a patent may not be converted into a utility model application, and vice versa.

CN.16 APPEALS

CPL Art. 41, CPR Rules 65, CPR Rules 66, CPR Rules 67, CPR Rules 68
Where an international application is rejected in the national phase, the applicant may, within three months from the date of receipt of the notification, request reexamination and pay a reexamination fee.

CN.17 HOW TO GET PROTECTION IN THE HKSAR

Patent protection for HKSAR can only be obtained on the basis of an international application in which China has been designated and which has validly entered the national phase before the China National Intellectual Property Administration (CNIPA). The further procedure before the IPD of the HKSAR is laid down in the Patents Ordinance (Cap. 514).

CN.17.01 STANDARD PATENT

Ordinance Sec. 16
Section 16 of the Ordinance provides for a standard patent based on an international application designating China.

CN.17.02 FORM FOR RECORDING AN APPLICATION FOR A STANDARD PATENT

For recording an application for a standard patent, use of the specified form is required. The form “Request to Record a Designated Patent Application for a Standard Patent” can be downloaded from the IPD website (http://www.ipd.gov.hk).

CN.17.03 DOCUMENTS FOR RECORDING AN APPLICATION FOR A STANDARD PATENT

Ordinance Sec. 16
In addition to the form specified under paragraph CN.17.02, the applicant has to file:

(i) a photocopy of the international application as published by the International Bureau;

(ii) a photocopy of the international application published by the China National Intellectual Property Administration (CNIPA) if the international application was not published in Chinese in the international phase;

(iii) a photocopy of any publication of information by the China National Intellectual Property Administration (CNIPA) concerning the international application.

CN.17.04 SPECIAL REQUIREMENTS OF THE STANDARD PATENT

The applicant has to file:

(i) in both Chinese and English: the title of the invention and the abstract;

(ii) the name of the inventor if it has not been furnished in the “Request” part of the international application;

(iii) a statement explaining the entitlement to apply for the grant of a standard patent and the prescribed documents supporting that statement if the applicant is not the same as the one in the international application.

CN.17.05 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in this chapter is outlined in Annex CN(HK).I.

CN.17.06 TIME LIMITS FOR MEETING THE REQUIREMENTS

Ordinance Sec. 15
An application for a standard patent (“Request to Record”) and the documents specified under paragraph CN.17.03 may be filed at any time within six months from the date of the Chinese national publication; or if the international application was published in Chinese in the international phase, they may be filed at any time within six months from the date of the issuance of the National Application Notification (PCT/CN 503) by the China National Intellectual Property Administration (CNIPA). The filing and advertisement fees shall be payable within one month after the earliest filing of the “Request to Record.”

CN.17.07 ADDRESS FOR SERVICE

The applicant is not required to appoint an agent but he is required to have an address for service in the HKSAR. The address so furnished shall be treated for the purpose of the application as the address for service of the applicant. If the applicant appoints an agent, his agent is required to provide the address in the HKSAR where he resides or carries out his business activities.

CN.17.08 REQUEST FOR REGISTRATION AND GRANT

Ordinance Sec. 23
Where a “Request to Record” has been recorded in the register and has been published and the “Request to Record” is not refused or deemed withdrawn or abandoned and a patent has been granted by the China National Intellectual Property Administration (CNIPA), the applicant shall request the registration and grant of a standard patent.

CN.17.09 REQUIREMENTS FOR THE REQUEST FOR REGISTRATION AND GRANT

Ordinance Sec. 23
The applicant has to file within six months after the date of grant by the China National Intellectual Property Administration (CNIPA) or the publication of the “Request to Record, ” whichever is later:

(i) the form “Request for Registration of a Designated Patent and Grant of a Standard Patent”;

(ii) a verified copy of the specification of the granted patent published by the China National Intellectual Property Administration (CNIPA);

(iii) a statement indicating the derivation of the applicant’s right to request registration and the prescribed documents supporting that statement if the applicant is not the same as the one recorded in the register.

The filing and advertisement fees shall be paid within one month after the earliest filing of the “Request for Registration and Grant.”

CN.17.10 MAINTAINING APPLICATION FOR A STANDARD PATENT

Ordinance Sec. 33
A fee is payable for maintaining a standard patent application which has not matured to registration. This maintenance fee becomes payable for maintaining the standard patent application for a further year after the expiry of the fifth year or any succeeding year thereafter from the date specified in the Ordinance. The specified date is the anniversary (i.e., one year after) of the international filing date first occurring after the date of publication of the “Request to Record” in the HKSAR. Failure to pay the maintenance fee leads to the patent application being deemed withdrawn and abandoned. However, if the applicant pays the maintenance fee and the additional fee within six months after the specified maintenance fee due date, the patent application shall be treated as if it had not been withdrawn or abandoned.

CN.17.11 RENEWAL FEES

Ordinance Sec. 39
A standard patent may be kept in force by payment of a renewal fee. The first renewal fee becomes payable for keeping the standard patent in force after the expiry of the third year calculated from the date specified in the Ordinance. Thereafter, the renewal fee must be paid before the expiry of each succeeding year. The specified date is the anniversary (i.e., one year after) of the international filing date of the standard patent first occurring after the date of grant of the patent in the HKSAR. Failure to pay the renewal fee leads to the patent ceasing to have effect. However, if the proprietor pays the renewal fee and the additional fee within six months after the specified renewal fee due date, the patent shall be treated as if it had never expired.

CN.18.01 SHORT-TERM PATENTS

Section 125 of the Patents Ordinance provides for a short-term patent based on an international application designating China and seeking protection for a utility model.

(i) The level of inventiveness required for a short-term patent is the same as that for a standard patent.

(ii) The term of a short-term patent is shorter than that of a standard patent. It shall remain in force for a period of eight years from the international filing date, subject to payment of the renewal fee.

CN.18.02 FORM FOR FILING AN APPLICATION FOR A SHORT-TERM PATENT

For filing the application for a short-term patent the use of the specified form is required. The form “Request for Grant of a Short-Term Patent” can be downloaded from the IPD website (http://www.ipd.gov.hk).

CN.18.03 REQUIREMENTS FOR FILING AN APPLICATION FOR A SHORT-TERM PATENT

Ordinance Sec. 113, Ordinance Sec. 125
In addition to the form specified under paragraph CN.18.02, the applicant has to file:

(i) a photocopy of the international application as published by the International Bureau;

(ii) a photocopy of the international search report (whether contained in the international application as published or separately published);

(iii) a photocopy of any publication of information by the China National Intellectual Property Administration (CNIPA) concerning the international application;

(iv) the date of the issuance of the China National Application Notification by the National Intellectual Property Administration (CNIPA).

CN.18.04 SPECIAL REQUIREMENTS FOR A SHORT-TERM PATENT

The applicant has to file:

(i) in both Chinese and English: the title of the invention and the abstract;

(ii) the name and address of the inventor if they have not been furnished in the “Request” part of the international application;

(iii) a statement indicating the derivation of the entitlement to exercise the right to the short-term patent if the applicant is not the sole inventor or the applicants are not the joint inventors.

CN.18.05 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in this chapter is outlined in Annex CN(HK).I.

CN.18.06 TIME LIMITS FOR MEETING THE REQUIREMENTS

Ordinance Sec. 113, Ordinance Sec. 125
An application for a short-term patent and the documents specified under paragraph CN.18.03 may be filed at any time within six months from entry into the national phase before the China National Intellectual Property Administration (CNIPA). The filing and advertisement fees shall be payable within one month after the earliest filing of the application.

CN.18.07 ADDRESS FOR SERVICE

CN.18.08 RENEWAL FEES

Ordinance Sec. 126
The term of a short-term patent is eight years from the international filing date, subject to payment of the renewal fee. A renewal fee is payable if the proprietor wants to have his short-term patent in force for a further period of four years after the expiry of the fourth year from the international filing date. Failure to pay the renewal fee leads to the short-term patent ceasing to have effect. However, if the proprietor pays the renewal fee and the additional fee within six months after the specified renewal fee due date, the patent shall be treated as if it had never expired.

CN.19 RESTORATION

The Ordinance provides for the restoration of standard patent applications and patents, and the restoration of short-term patents.

Annexes

Annex CN.I - Fees

Patents

Filing fee

900 CNY

Application publication fee

50 CNY

Additional filing fee:

— for each sheet of the description in excess of 30 sheets

50 CNY

— for each sheet of the description in excess of 300 sheets

100 CNY

— for each claim in excess of 10

150 CNY

Fee for priority claims

per priority 80 CNY

Surcharge for late entry into the national phase

1,000 CNY

Handling fee for rectifying errors in translation in the preliminary examination phase

300 CNY

Handling fee for rectifying errors in translation in the substantive examination phase

1,200 CNY

Restoration fee for unity of invention

900 CNY

Handling fee for change of bibliographic data:

— for change of applicant, inventor or patentee

200 CNY

Fee for requesting restoration of rights

This fee is applicable under CPR Rule 6.

1,000 CNY

Fee for requesting restoration of priority claim

This fee is only applicable where the International Bureau or the receiving Office has declared that the priority claim is considered not to have been made according to PCT Rule 26bis.2 and the related information has been published together with the international application. Applicants may, within two months from the date of entering the national phase, request restoration of the priority claim.

1,000 CNY

Examination fee

2,500 CNY

Fee for requesting extension of time limit:

— 1^st time

per month 300 CNY

— 2^nd time

per month 2,000 CNY

Fee for requesting invalidation

3,000 CNY

Re-examination fee

1,000 CNY

Annual fees:

— for the 1^st to the 3^rd years

per year 900 CNY

— for the 4^th to the 6^th years

per year 1,200 CNY

— for the 7^th to the 9^th years

per year 2,000 CNY

— for the 10^th to the 12^th years

per year 4,000 CNY

— for the 13^th to the 15^th years

per year 6,000 CNY

— for the 16^th to the 20^th years

per year 8,000 CNY

Utility models

Filing fee

500 CNY

Additional filing fee:

— for each sheet of the description in excess of 30 sheets

50 CNY

— for each sheet of the description in excess of 300 sheets

100 CNY

— for each claim in excess of 10

150 CNY

Fee for priority claims

per priority 80 CNY

Surcharge for late entry into the national phase

1,000 CNY

Handling fee for rectifying errors in translation in the preliminary examination phase

300 CNY

Restoration fee for unity of invention

900 CNY

Handling fee for change of bibliographic data:

— for change of applicant, inventor or patentee

200 CNY

Fee for requesting restoration of rights

1,000 CNY

Fee for requesting restoration of priority claim

1,000 CNY

Fee for requesting extension of time limit:

— 1^st time

per month 300 CNY

— 2^nd time

per month 2,000 CNY

Fee for requesting invalidation

1,500 CNY

Re-examination fee

300 CNY

Annual fees:

— for the 1^st to the 3^rd years

per year 600 CNY

— for the 4^th to the 5^th years

per year 900 CNY

— for the 6^th to the 8^th years

per year 1,200 CNY

— for the 9^th to the 10^th years

per year 2,000 CNY

How can payment of fees be effected?

All fees must be paid directly to the China National Intellectual Property Administration (CNIPA) or paid by way of bank or postal remittance, or by of any other means as prescribed by the Office.

Annex CN(HK).I - Fees

Patent Form P1

On reference to the Registrar the question as to who may apply for grant of a standard patent or a licence or whether the period or terms of a licence are reasonable

190 HKD

Patent Form P1A

On application for authorization by the Registrar to carry out directions under Section 13(3)(c) or 13(4) of the Patents Ordinance on behalf of the person to whom the directions were given

190 HKD

Patent Form P2

On filing of notice of opposition or counter-statement

325 HKD

Patent Form P4

On filing request to record a designated patent application

380 HKD

Advertisement fee for request to record

68 HKD

Additional fee for late payment of filing fee or advertisement fee for request to record

95 HKD

Patent Form P5

On filing request for registration of a designated patent and grant of a standard patent

380 HKD

Advertisement fee for request for registration and grant

68 HKD

Additional fee for late payment of filing fee or advertisement fee for request for registration and grant

95 HKD

Patent Form P6

On filing application for grant of a short-term patent

755 HKD

Advertisement fee for application for grant of a short-term patent

68 HKD

Additional fee for late payment of filing fee or advertisement fee for application for grant of a short-term patent

95 HKD

Patent Form P7

On request for correction of an error under Section 51(2)(b)(ii) or 146 of the Patents Ordinance

135 HKD

Request for publication of a corrected translation

190 HKD

Patent Form P9

Maintaining application for standard patent:

— application for maintenance for a further year after the expiry of the 5^th year

270 HKD

— application for maintenance for any succeeding year thereafter

270 HKD

Additional fee for late payment of maintenance fee

95 HKD

Patent Form P10

Renewal of a standard patent:

— request for renewal for a further year after the expiry of the 3^rd year

540 HKD

— request for renewal for any succeeding year thereafter

540 HKD

Additional fee for late payment of a renewal fee for a standard patent

270 HKD

Renewal of a short-term patent

1,080 HKD

Additional fee for late payment of a renewal fee for a short-term patent

270 HKD

Patent Form P12

Restoring an application for a standard patent which was deemed withdrawn due to non-payment of maintenance fee

405 HKD

Restoring a lapsed standard patent

405 HKD

Restoring a lapsed short-term patent

405 HKD

Patent Form P13

Additional fee for reinstatement of a deemed withdrawn patent application

405 HKD

Additional fee for restoration of rights

405 HKD

Patent Form P14

Mention of inventor

135 HKD

Patent Form SP3

Extension fee

215 HKD

Penalty fee for late filing of translation

190 HKD

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex CN.II - Request for entry into the national phase (patents)

Annex CN.III - Request for entry into the national phase (utility models)

Annex CN.IV - Request for examination

Annex CN(HK).II - Request to record a designated patent application for a standard patent

Annex CN(HK).III - Request for registration of a designated patent and grant of a standard patent

Annex CN(HK).IV - Request for grant of a short-term patent

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