Acceptance Criteria

1. Patent applicants with a regular residence or place of business in the Chinese mainland may apply for patents either on their own or through a patent agency.

2. Patent applicants without a regular residence or place of business in the Chinese mainland who apply for patents individually or as representatives must entrust a patent agency to handle the application.

Access Channels

1. Business Acceptance Hall of the China National Intellectual Property Administration, local intellectual property business acceptance windows (patent agencies);

2. Patent Business Processing System (http://cponline.cnipa.gov.cn);

3. Receiving by mail.

Application Documents

1. The following documents shall be submitted for an invention patent application: Request for Invention Patent, Abstract of the Specification, Claims, Specification, and, if necessary, Drawings of the Specification;

2. The following documents shall be submitted for a utility model patent application: Request for Utility Model Patent, Abstract of the Specification, Claims, Specification, and Drawings of the Specification;

3. The following documents shall be submitted for a design patent application: Request for Design Patent, Drawings or Photos of the Design, and Brief Description of the Design. For claiming domestic priority, if the applicant specifies the filing date and application number of the earlier application in the request, it is considered as submitting a copy of the earlier application. For claiming foreign priority, the applicant shall submit a copy of the earlier application and other relevant materials when required.

Processing Procedures

1. Preparing application documents. For electronic submission, patent applicants can register as users on the Patent Business Processing System (http://cponline.cnipa.gov.cn) and write electronic application documents. For paper submission, applicants can download the aforementioned application document forms from the "Form Downloads" section of the "Government Service" platform on the website of the China National Intellectual Property Administration, fill them out, and print paper application documents.

2. Submitting application documents. (1) Online submission: For electronic submission, patent applicants can submit electronic application documents through the Patent Business Processing System. (2) In-person submission: For paper submission, applicants can submit paper application documents in person at the acceptance windows of the Business Acceptance Hall of the China National Intellectual Property Administration or local intellectual property business acceptance windows (patent agencies). (3) Submission by mail: For paper submission, paper application documents can also be submitted by mail through the post office. The mailing address of the China National Intellectual Property Administration: Acceptance Division, Patent Bureau, China National Intellectual Property Administration, No. 6 Xitucheng Road, Jimenqiao, Haidian District, Beijing, 100088. The mailing addresses of local intellectual property business acceptance windows (patent agencies) shall be announced by the China National Intellectual Property Administration through official notices.

3. Acceptance review. After receiving the patent application documents, the Patent Bureau of the China National Intellectual Property Administration will conduct an acceptance review. If the patent application documents do not fall under any circumstances of non-acceptance specified in Article 39 of the Rules for the Implementation of the Patent Law, the Patent Bureau of the China National Intellectual Property Administration will accept the application. It will assign an application number, determine the filing date, and issue a notice of acceptance of patent application and a notice to pay application fees. For applicants who request a reduction or exemption of patent fees in accordance with the Measures for the Reduction or Exemption of Patent Fees, the Patent Bureau of the China National Intellectual Property Administration will issue a notice of approval for fee reduction or exemption. After submitting a patent application, if the applicant submits other documents related to the same application, the application number (or patent number) should be indicated, and each document should pertain to only one patent application (or patent). If the patent application documents fall under any circumstances of non-acceptance, the Patent Bureau of the China National Intellectual Property Administration will issue a notice of non-acceptance, explaining the reasons. Non-accepted documents shall not be returned to the applicant.

4. Paying the fees. The applicant shall pay the patent fees within two months from the filing date or within 15 days from the date of receiving the notice of acceptance, in accordance with the amount specified in the notice to pay application fees or the notice of approval for fee reduction or exemption. The applicant can register and log in to the Patent Business Processing System to pay fees online, or pay in person at the fee collection windows of the Business Acceptance Hall of the China National Intellectual Property Administration or local intellectual property business acceptance windows (patent agencies), or transfer fees through banks and post offices (with the application number, fee type, and amount noted).