China
Supported patent filings

PCT National Phase Entry
Deadline: 30 months*
Power of Attorney: Yes**
Assignments: Sometimes***
Language: Chinese
Translation Extension: No****
Excess Claims Fee: Yes
Examination Request: Optional at filing or deferred
Country Notes:

* 32 months with extension fee payable.


** The Patent Office accepts faxed or scanned color copies of specific Power of Attorney forms and Assignment forms.  However, the original General Power of Attorney form must still be mailed to the agent.


*** Assignments are only required in a very small number of cases.


**** The translation must be submitted at filing (i.e. by the 30-month deadline or the extended 32-month deadline).


• In China, the official fees are based on the application as published and it is therefore not possible to reduce claims fees by amending the claims at national phase entry. Any amendments made could incur additional translation costs.

Direct Filing
Deadline: 12 months
Power of Attorney: Yes
Assignments: Sometimes*
Language: Chinese
Translation Extension: No
Excess Claims Fee: Yes
Examination Request: Optional at filing or deferred
Country Notes:

* Assignment documents are only required if the applicant of the priority application is different to the applicant of the Chinese application.


• A certified copy of the Priority Document needs to be filed within 16 months from the priority date (with details needed at filing).


• Unlike most countries that require signed forms from the applicant, the Chinese Patent Office now accepts scanned, color copies of documents. However, the original General Power of Attorney form must still be mailed to the agent.

Recommended Agents

AFD China Intellectual Property Law Office

AFD China is a Beijing-based IP firm founded in 2002. Its US office provides consulting services and customer support to bridge the time difference for global clients.. . AFD China’s one-stop patent service covers the provision of advice on patent strategy, patentability searching, patent prosecution, invalidation proceedings, patent licensing, pledge registrations, patent litigations and representing clients in customs border protection. Its patent attorney team has broad expertise, extensive experience and knowledge of law in domestic filings and filings in all major markets including emerging markets. Customers benefit from their deep comprehension of nuances amongst different legal systems and jurisdictions.. . AFD China has been recognized by administrative authorities and peer review as one of the most outstanding IP firms in China. China’s Ministry of Industry and Information Technology lists it among preferred service providers to medium, small and micro-enterprise. The practice is also a regular international award winner. It is acknowledged as Patent Firm of Year (2020) by Asia IP Awards, as IP Stars recommended firm by Managing Intellectual Property and it ranks among IAM Patent 1000..
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