China Patent Guide
A foreign language specification must be translated into Chinese and the translation must be submitted when filing the application in the Chinese Patent Office. We will provide the translation into Chinese for you.

1: Documents required for entry into the Chinese national phase of a PCT application
  • PCT publication with the international search report.
  • International preliminary examination report with its annex.
  • Amendments made during the international phase.
  • Amendments made at the time of national phase entry.
  • Power of Attorney, a power of attorney with the original signature or seal of the applicant is required for each patent application. The Power of Attorney can be filed later, but must be filed within three months of the filing date or within two months from the date of receiving an official notification.
  • Original or certified copy of the assignment of application right, if the applicant assigns its right to another entity during the international phase.

2. Documents required for a Paris Convention application
  • A specification including a description, claims, an abstract and drawings if any
  • Power of Attorney, a Power of Attorney with the original signature or seal of the applicant is required for each patent application. The Power of Attorney can be filed later, but must be filed within three months of the filing date or within two months from the date of receiving an official notification.
  • Certified Priority Document, which shall be submitted to the Patent Office within three months from the Chinese filing date otherwise the claim of priority shall be deemed not to have been made.
  • Assignment, in case the applicant as indicated in the priority document is not the same as the applicant for the Chinese application, an assignment duly executed by the original applicant is required and shall be submitted within three months of the date of filing in China. The assignment should be either an originally signed one or a notarized copy.

3. Time limit for entry into the Chinese national phase for a PCT application
30 months from the priority date.

4. Grace period for late entry into the Chinese national phase for a PCT application
There is a two-month grace period. If the applicant fails to perform the acts necessary for entry into the Chinese national phase within the prescribed time limit of 30 months, the applicant may perform the required acts before the expiration of a time limit of 32 months from the priority date, provided that the applicant pays a surcharge for late entry of the national phase. Chinese translation of a PCT patent application shall be filed no later than 32 months.