Patents
Direct filing, a Paris Convention priority filing, or PCT national-phase entry.
The Chinese text controls the scope and quality of the Chinese application.
Most foreign applicants without a China establishment must appoint a qualified Chinese patent agency.
Public disclosure can destroy novelty; clear the filing plan before launch, publication, or exhibition.
Send us the issue, the relevant rights, and any deadline. We will route it to the right practice lead within one business day.
Contact UsA China filing should begin with the product, process, or design that creates commercial leverage. Identify what competitors could copy, where manufacturing and sales will occur, and which features are likely to remain important over the life of the product. That determines whether the application should focus on technical claims, product structure, appearance, or a coordinated portfolio.
Patent rights are territorial. A US, European, or international application does not itself create enforceable rights in China. China must be included through a valid filing route and within the applicable priority or national-phase deadline.
A direct Chinese application can be appropriate when China is the first or only priority market. A Paris Convention filing claims priority from an earlier application and normally must be filed within 12 months for inventions and utility models, or six months for designs. A PCT application postpones national filing decisions and ordinarily allows entry into the Chinese national phase by the applicable 30-month deadline.
The best route depends on the countries required, translation readiness, budget, disclosure timing, and whether the claims still need development. A deadline chart should be created from the earliest priority filing, not from the date the business begins planning China entry.
The filing package generally includes a request, specification, claims, abstract, and drawings where needed. Design applications rely heavily on consistent views and a brief explanation. Applicant names, inventors, priority data, assignments, and powers of attorney should match the underlying corporate records.
Translation is substantive legal work. A literal translation can narrow a claim, introduce ambiguity, or disconnect technical terms used across the description and drawings. Give Chinese counsel enough time to resolve terminology with the drafting team before filing.
Invention applications proceed to substantive examination after publication and a timely examination request. Utility model and design applications receive preliminary examination, but their faster grant does not remove validity risk. For important products, applicants often coordinate different rights rather than expecting one patent type to do every job.
Confirm ownership before filing. Employee invention rules, contractor agreements, group-company arrangements, and assignments can affect who is entitled to apply. Record later changes promptly so enforcement documents and corporate records remain aligned.
Before sending filing instructions, assemble the invention disclosure, drawings, earliest disclosure date, prior applications, target markets, applicant and inventor details, and any planned launch or exhibition. Flag technology developed in China because a confidentiality examination may be required before an invention or utility model is filed abroad.
CNIPA: Patent Law of the People's Republic of China
This article is general information about Chinese IP practice, not legal advice for a specific matter. It was last reviewed on 2026-08-21. Rules, fees, and timelines change; confirm current requirements before acting. For advice on your situation, contact our team.