Patent Application China – Protect Your Invention with CNIPA Filing

Secure exclusive rights for your technology in the world's largest market. Our patent application China services cover invention patents, utility model patents, and design patents. From patent search and drafting to CNIPA patent filing, examination response, and grant – we handle the entire process for foreign applicants. PCT national phase entry and direct filing available.

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Why File a Patent in China?

China is the world's largest patent filing jurisdiction, with the China National Intellectual Property Administration (CNIPA) receiving over 1.5 million patent applications annually. A China patent grants you exclusive rights to exclude others from making, using, selling, or importing your patented invention within mainland China. For technology-driven businesses, a patent application China is essential to prevent copycats, secure licensing revenue, and build a valuable IP portfolio. Without CNIPA patent protection, competitors can freely replicate your technology in China's manufacturing ecosystem – causing irreversible market damage.

📌 Key advantage: China offers three types of patents – invention (20 years), utility model (10 years, fast grant), and design (15 years). Utility model patents are particularly popular for incremental innovations, granting within 6-12 months without substantive examination.

Types of China Patents We Handle

Invention Patent (发明专利申请)

Protects new technical solutions relating to a product, process, or improvement. Requires substantive examination. Term: 20 years. Best for core technologies with long commercial life.

Utility Model Patent (实用新型专利)

Protects the shape, structure, or combination of a product. No substantive examination – faster and cheaper. Term: 10 years. Ideal for mechanical innovations and quick market protection.

Design Patent (外观设计专利)

Protects the aesthetic appearance – shape, pattern, color, or combination. Term: 15 years. Covers product packaging, GUI, consumer electronics, and fashion designs.

Our Patent Application Process

Step 1: Patent Search & Strategy – We conduct a prior art search and provide patentability opinions. For invention patents, a formal search report helps assess likelihood of grant.
Step 2: Specification Drafting – Our registered patent attorneys draft the Chinese-language specification, claims, abstract, and drawings (if any) in strict compliance with CNIPA requirements.
Step 3: CNIPA Filing – We file your patent application China and obtain a filing date. For Convention priority applications, we claim priority from your home country application within 12 months (invention/utility) or 6 months (design).
Step 4: Examination & Response – For invention patents, we handle substantive examination, including responding to office actions and amending claims. Utility models proceed directly to grant after formal examination.
Step 5: Grant & Maintenance – Once granted, we pay the annual fees and manage your patent portfolio throughout its life.

For PCT national phase China entry, we handle the 30/31-month deadline calculations and convert your PCT application into a national patent application before CNIPA.

Documents Required for China Patent Filing

To begin your CNIPA patent application, we typically need:

Complete technical disclosure or prior application (English or Chinese); we provide translation services
Drawings (CAD or PDF format) – mandatory for design patents and recommended for utility models
Applicant information (name and address of inventor/assignee)
Priority documents (if claiming Convention priority – certified copy with English translation)
PCT documents (if entering national phase in China: PCT request, ISR, and published application)
Signed Power of Attorney (no legalization or notarization required in most cases)

We handle all Chinese translations and format conversions internally.

Timeline & Cost for Patent Application in China

Invention patent: 2–4 years from filing to grant, including substantive examination. Utility model patent: 6–12 months (fastest route). Design patent: 6–10 months.

Costs vary depending on patent type, claim count, drawing complexity, and whether you claim priority. Official CNIPA fees include filing fee, examination fee (invention only), publication fee, and annual maintenance fees. Our service fees are fixed and transparent – we provide a detailed quote before engagement.

💰 Expedited examination options: For certain technologies (green energy, AI, 5G), CNIPA offers patent prosecution highway (PPH) and priority examination programs, reducing grant time significantly. Contact us to check eligibility.

Frequently Asked Questions About China Patent Filing

Can a foreign company file a patent directly in China?

Yes. Foreign entities can file patent applications directly with CNIPA, but they must be represented by a registered Chinese patent agency (like us). We act as your agent and handle all communications with CNIPA.

What is the difference between invention patent and utility model patent in China?

Invention patents cover broader technical solutions (products or methods) with a 20-year term and require substantive examination. Utility models cover only product shapes/structures with a 10-year term and no substantive examination – granting much faster, but with shorter protection and no method claims.

How do I claim priority from my US/EU patent application?

You have 12 months from the first filing date for invention/utility models, or 6 months for designs. We file a certified copy of the priority document with a Chinese translation and claim priority in the CNIPA filing request.

Can I file a PCT national phase application in China after 30 months?

The standard deadline for PCT national phase entry in China is 30 months from the priority date. Late entry may be possible with restoration requests and additional fees, but it is not guaranteed. We strongly advise filing before the 30-month deadline.

What are the annual maintenance fees for a China patent?

Annual fees are due each year from the filing date (invention) or grant date (utility model/design), starting from the 1st year. Fees increase progressively. We monitor deadlines and pay annuities on your behalf.

Does China have a patent box or tax incentives for patent holders?

Yes. China offers patent-related tax incentives, including super deduction for R&D expenses and reduced CIT rates for qualified high-tech enterprises. A granted China patent strengthens your qualification for such benefits.

Latest News on China Patent Practice

CNIPA Issues New Examination Guidelines for AI Inventions (2026) | China Patent Eligibility

Contact Us

Ask about patent search, drafting, CNIPA filing, examination response, or portfolio management.

Get In Touch

Our team of registered Chinese patent attorneys provides full-spectrum patent services for foreign applicants – from strategy to grant and enforcement.

+86 130 5270 9126
info@tekzenvo.com
5-Fa Zhan Building, No.9 Office Area, Kai Fa Qu, Dalian, Liaoning, China
Monday - Friday: 9:00 AM - 6:00 PM (GMT+8)