Filing rules by country

China

Patent filing & translation requirements

Below we’ve listed the patent filing and translation requirements. Whilst we endeavour to ensure these regulations remain up-to-date, they are subject to change. We advise you check with the local patent office or relevant counsel regarding any questions about country specific regulations.

PCT Route: filing & translation requirements

Language

Chinese (Simplified)

Filing Deadline

30 months

Filing Extension

2 months
N/A

Translation Extension

No
N/A
Yes, should be submitted within 2 months from the date of receipt of the Notice of Correction
Original Required? Yes for general POAs. No for individual POAs Notarized? No Legalized? No

Power of Attorney

General POA Accepted

Yes
No
Only needed if the applicant of the international application is different from the one filed with CNIPA

Assignments Required

Excess Claims Fee Due at Filing

Yes

Claims Amendment Possible at Filing

No

Fee for Amending Claims at Filing

No
Due within 3 years from the earliest priority date
N/A

Request for Examination Deadline

Can Examination be requested at filing?

Yes
Yes
N/A

Patent Prosecution Highway

Direct Route: filing & translation requirements

Language

Chinese (Simplified)

Filing Deadline

12 months

Filing Extension

No

Translation Extension

No
N/A
Yes, should be submitted within 2 months after receiving the Notice of Correction
Original Required? Yes for general POAs. No for individual POAs. Notarized? No Legalized? No

Power of Attorney

General POA Accepted

Yes
Yes, should be submitted within 3 months from the filing date
N/A

Assignments

Excess Claims Fee Due at Filing

Yes

Amended Claims Submitted at Filing

Yes

Fee for Amending Claims at Filing

No
Due within 3 years from first priority date
N/A

Request for Examination Deadline

Can Examination be requested at filing?

Yes
Yes
N/A

Patent Prosecution Highway

3 months from filing date, Scanned Certified copy or DAS code, Translation of front page required
N/A

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