WIPO - PCT Applicant's Guide CN - 中国
中国国家知识产权局 (CNIPA)

    适用起自 2026年1月1日
    (发布 2025年11月13日)

    此版本最新变更汇总
    RO: RO fees
    ISA: ISA fees
    IPEA: IPEA fees
    变更明细列表

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    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)
    [MT] 本文档中使用的货币列表 :
    CHF (瑞士法郎), CNY (人民币), EUR (欧元), HKD (港元), USD (美元)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    细则 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    The Office has withdrawn its notification of incompatibility with its national law under PCT Rules 20.8(b) and 20.8(b-bis) as from 20 January 2024, and the relevant PCT Rules will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    The Office has withdrawn its notification of incompatibility with its national law under PCT Rules 49ter.1(g) and 49ter.2(h) as from 20 January 2024, and the relevant PCT Rules will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.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国：
    中国
    [MT] 两个字母代码 :
    CN
    [MT] 办公室名称:
    中国国家知识产权局 (CNIPA)
    [MT] 地点：
    6 Xituchenglu
    Jimen Bridge
    Haidian District
    P.O. Box 8020
    Beijing 100088
    China
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话：
    Customer Service
    (86-10) 62 35 66 55
    [MT] 电子邮件：
    pct_affairs@cnipa.gov.cn
    [MT] 网站地图
    [MT] 传真：
    None
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    不
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    不
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    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
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    CN,
    IB
    [MT] 国家立法是否限制向外国局提交国际申请?
    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
    [MT] 为本国指定的主管(或选定的)办事处:
    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:
    25th Floor, Wu Chung House, 213 Queen’s Road East, Hong Kong (SAR), China
    tel: (852) 2961 6315
    fax: (852) 2838 6276
    CN
    [MT] 通过PCT 提供的保护类型:
    Patents,
    Utility models
    [MT] 办公室接受的付款方式:
    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.
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    (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
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定？
    Yes, refer to Annex L.

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    中国
    [MT] 国际申请可用语言提交:
    中文,
    English
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    中文,
    English,
    or both
    [MT] 请求书可用语言提交:
    中文,
    English
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    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
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    是的
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    Yes, RO/CN accepts color drawings on an informal basis and transmits them to the IB. However, color drawings are converted into black and white and details of color drawings may be lost for the purposes of international publication. CNIPA is currently working with the IB concerning the processing of color drawings.
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests
    [MT] 国际主管查询机关 :
    CN
    EP
    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 2031, for a maximum of 3,000 international applications per year. For further details on this pilot project, refer to: https://www.epo.org/en/news-events/news/epo-and-cnipa-extend-pct-isa-pilot-until-2031 (in English) and https://www.cnipa.gov.cn/art/2025/9/24/art_53_201732.html (in Chinese)
    [MT] 国际初步审查主管机关 :
    CN
    EP
    This Authority is competent only if the international search is or has been carried out by that Office.
    Fees payable to the RO:
    [MT] 传输费用 :
    None
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    11,910 CNY
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    130 CNY
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    1,790 CNY
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    2,690 CNY
    [MT] 搜索费用:
    Refer to
    Annex D(CN)
    Annex D(EP)
    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.
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    150 CNY
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(d ) ) :
    1,000 CNY
    [MT] 国际申请档案所含文件副本的费用 (PCT规则94.1之二 ) :
    per page 2 CNY
    [MT] 接受局是否要求代理人?
    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
    [MT] 谁可以担任代理人?
    Any of the patent agencies legally incorporated in China. A list of patent agencies may be obtained from the Office.
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    不
    [MT] 需要另行授权的特殊情况:
    Not applicable
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    不
    [MT] 需要提供一般授权书副本的特殊情况:
    Not applicable

    [MT] 附件D - 国际查询管理局

    [MT] 下列接受局的主管国际查询机关:
    AO,
    CN,
    GH,
    IN,
    IR,
    KE,
    KH,
    KP,
    LA,
    LR,
    SA,
    TH,
    ZW
    Fees payable to the ISA:
    [MT] 查询费(PCT规则16 ) :
    This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
    235 CHF
    2,100 CNY
    252 EUR
    294 USD
    [MT] 附加查询费 (PCT规则40.2 ) :
    This fee is payable to the International Searching Authority and only in particular circumstances.
    2,100 CNY
    [MT] 国际检索报告中引用的文件副本的收费 (PCT规则44.3 ) :
    per page 2 CNY
    [MT] 国际申请档案所含文件副本的费用 (PCT规则94.1之三 ) :
    per page 2 CNY
    [MT] 抗辩费(PCT规则40.2(e) ) :
    200 CNY
    [MT] 逾期提供费 (PCT规则13之三.1(c ) ) :
    200 CNY
    [MT] 退还条件和退还的搜索费用的数额:
    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%
    [MT] 国际搜索接受的语言 :
    中文,
    English
    [MT] 当一项国际申请要求从本局已搜索的先前申请中获得优先权时,本局是否接受对先前查询结果的非正式评论?
    不
    [MT] 核苷酸和/或氨基酸序列列表 的物理介质类型:
    CD-ROM,
    DVD
    [MT] 将不会搜索的主题:
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求？
    不
    [MT] 需要另行授权的特殊情况:
    Not applicable
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    不
    [MT] 需要提供一般授权书副本的特殊情况:
    Not applicable

    [MT] 附件E - 国际初步审查机构

    [MT] 国际初步审查机构 主管以下接受局 :
    AO,
    CN,
    GH,
    IN,
    IR,
    KE,
    KH,
    KP,
    LA,
    LR,
    SA,
    TH,
    ZW
    [MT] 对担任国际初步审查机构的管理机构的权限是否有任何限制?
    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.
    Fees payable to the IPEA:
    [MT] 初步审查费(PCT规则58 ) :
    This fee is payable to the International Preliminary Examining Authority.
    1,500 CNY
    [MT] 额外初步审查费 (PCT规则68.3 ) :
    This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.
    1,500 CNY
    [MT] 处理费 (PCT规则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.
    1,790 CNY
    [MT] 国际初步审查报告中引用的文件副本费用 (PCT规则71.2 ) :
    per page 2 CNY
    [MT] 国际申请档案所含文件副本的收费 (PCT规则94.2 ) :
    per page 2 CNY
    [MT] 抗辩费(PCT规则68.3(e ) ) :
    200 CNY
    [MT] 逾期提供费 (PCT规则13之三.2 ) :
    200 CNY
    [MT] 预审费退还条件和退还金额:
    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%
    [MT] 国际初步审查可接受的语言 :
    中文,
    English
    [MT] 不予审查的主题事项 :
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求？
    不
    [MT] 需要另行授权的特殊情况:
    Not applicable
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    不
    [MT] 需要提供一般授权书副本的特殊情况:
    Not applicable

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记：
    None
    [MT] 任何其他说明：
    None
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    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
    [MT] 其他资料
    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).

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    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.
    [MT] 进入国家阶段的适用时间限制:
    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
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    不
    [MT] 国际申请必须翻译成以下语言之一:
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
    中文
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    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
    [MT] 局是否根据其国家法律 接受彩色图纸?
    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.
    [MT] 国家费用 :
    [MT] 专利
    [MT] 申请费
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
    900 CNY
    [MT] 附加申请费 :
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
    [MT] 超过30张的每张说明书
    50 CNY
    [MT] 超过300张的每张说明书
    100 CNY
    [MT] 对于每件超过10件的索赔
    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
    [MT] 申请公布费
    50 CNY
    [MT] 优先权权利要求费
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
    per priority 80 CNY
    [MT] 考试费
    This fee is due within three years from the priority date.
    2,500 CNY
    [MT] 实用新型
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
    [MT] 申请费
    500 CNY
    [MT] 附加申请费 :
    [MT] 超过30张的每张说明书
    50 CNY
    [MT] 超过300张的每张说明书
    100 CNY
    [MT] 对于每件超过10件的索赔
    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
    [MT] 优先权权利要求费
    per priority 80 CNY
    [MT] 免除、减少或退还费用:
    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)
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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
    [MT] 谁可以担任代理人?
    Any of the patent agencies legally incorporated in China. A list of patent agencies may be obtained from the Office.
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    是的
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    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

    [MT] CN.01 进入国家阶段的表格
    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.
    [MT] CN.02 翻译(更正)
    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 NP 6.002 and NP 6.003).
    [MT] CN.03 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CN.I.
    [MT] CN.04 审查请求
    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.
    [MT] 代理人委托书
    CPR Rule 17
    An agent must be appointed by filing a power of attorney.
    [MT] CN.06 申请书的修改;时限
    PCT 条约 28,
    PCT 条约 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.
    [MT] CN.07 转让文书
    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.
    [MT] CN.08 发明不具有统一性的特别费
    PCT 条约 17(3)(b),
    PCT 条约 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.
    [MT] CN.09年度会费
    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.
    [MT] 根据《专利条约》第25条进行审查
    PCT 条约 25,
    PCT 细则 51,
    CPR Rule 134

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.
    [MT] 会议时间限制延误的理由
    PCT 条约 24(2),
    PCT 条约 48(2),
    PCT 细则 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.
    [MT] CN.13 恢复优先权要求
    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).
    [MT] CN.14 实用新型
    CPR Rules 43,
    CPR Rules 44,
    PCT 细则 49bis.1(a),
    PCT 细则 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.
    [MT] 上诉
    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.
    [MT] CN.17 如何在香港特区获得保护
    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).
    [MT] CN.17.01 标准专利
    Ordinance Sec. 16
    Section 16 of the Ordinance provides for a standard patent based on an international application designating China.
    [MT] CN.17.02 标准专利申请登记表
    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).
    [MT] CN.17.03 标准专利申请登记文件
    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
    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.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
    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
    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:
    — 1st time
    per month 300 CNY
    — 2nd time
    per month 2,000 CNY
    Fee for requesting invalidation
    3,000 CNY
    Re-examination fee
    1,000 CNY
    Annual fees:
    — for the 1st to the 3rd years
    per year 900 CNY
    — for the 4th to the 6th years
    per year 1,200 CNY
    — for the 7th to the 9th years
    per year 2,000 CNY
    — for the 10th to the 12th years
    per year 4,000 CNY
    — for the 13th to the 15th years
    per year 6,000 CNY
    — for the 16th to the 20th 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
    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
    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:
    — 1st time
    per month 300 CNY
    — 2nd time
    per month 2,000 CNY
    Fee for requesting invalidation
    1,500 CNY
    Re-examination fee
    300 CNY
    Annual fees:
    — for the 1st to the 3rd years
    per year 600 CNY
    — for the 4th to the 5th years
    per year 900 CNY
    — for the 6th to the 8th years
    per year 1,200 CNY
    — for the 9th to the 10th 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 5th 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 3rd 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
    Current version applicable from 2026年1月1日 , printed on 2026年2月20日
    2.2 #71 - 2026-02-10T18:40:34.131+01:00