Guidelines for filing utility model patent application in China

Borsam IP
Borsam IP

1. General Information
The deadline for filing a utility model patent application claiming priority with the CNIPA is 12 months from the priority date. The term cannot be extended and restored.
2. Filing Requirements
2.1. Official language
The filing documents shall be in simplified Chinese.
2.2. Information and documents required
1) Applicant and inventor's name, address and nationality;
2) Specification including abstract, description, claims, drawings, and the drawing which accompanies the abstract;
3) Scanned copy of power of attorney executed by the applicant;
4) Scanned copy of certified priority documents or DAS code, and priority information (including priority country, priority number and priority date) if a foreign priority claimed;
5) Scanned copy of assignment of priority, if the applicant for Chinese application is different from the records in certified priority documents.
3. Examination requirement
Utility model patent applications in China undergo formal examination only. No separate request required.
4. Duration of patent right and maintenance
4.1. Duration of patent right
The duration of patent right for utility models shall be ten years from the date of filing.
4.2. Maintenance
After the application being granted, the patentee needs to pay for the annual fee before the anniversaries of the filing date year by year. If not, the patent would be deemed to be abandoned. However, the patentee can also have six months more to pay for the annual fee and penalty.
5. Duration of registration procedure
The average processing time for utility model patent registration procedure in China is 10~14 months.