PCT NATIONAL PHASE ENTRY
China

China has consistently topped global patent filings since 2011, as indicated by the World Intellectual Property Organization's report. It became a Patent Cooperation Treaty (PCT) contracting state on 1 January 1994. China's recent revision of the patent law by the China National Intellectual Property Administration (CNIPA) for the fourth time is a noteworthy development in the relatively brief history of Chinese patent legislation.This demonstrates China's commitment to adapting its legal framework to meet the evolving demands of the global market and align with international standards.

The major requirements and procedure to file a patent application in China are mentioned below:

The designated period for submitting a patent application in China under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

In China, the official language for filing patent application is Chinese. If the international application is in a different official language, providing a translation into Chinese is mandatory. This ensures accuracy and regulatory compliance, which makes a seamless and trouble-free progression through the patenting procedures.

The timelimit for submitting a patent application to the late national phase entry can be extended by an extension of 2 months, provided an additional fee is paid. The translation into Chinese can be be provided before the expiration of 30 months or within 32 months with the extension.

The essential documents required for filing a national phase application include:

1. Power of Attorney
2. Translation
3. Chinese name of the applicant(s) and inventor(s)
4. Assignment Deed (if the applicant has changed after the international filing date)

No filing fee or additional charges are required if the international application has been submitted to the China National Intellectual Property Administration (CNIPA) as the receiving office. A 20% reduction in the examination fee is applicable when the international search report comes from the Japan Patent Office (JPO), the Swedish Patent and Registration Office, or the European Patent Office. If both the international search report and the international preliminary report on patentability are issued by CNIPA, no examination fee needs to be paid. In the event of withdrawing the application voluntarily before the time limit for responding to the first examination opinion expires, a 50% refund of the examination fee can be requested, except when a response has already been submitted.

The patent application procedure in China is both formal and substantive, which ensures adherence to procedural requirements, evaluates the invention's merits, considering factors like novelty, inventive step, and industrial applicability.

The request for examination needs to be submitted within three years from the international filing date or the earliest priority date.

Patent Prosecution Highway Program under the PCT

As a participant in the PPH agreement, China facilitates a substantial reduction in the examination stage time by more than 50% through the submission of a PPH request. This expedited process enhances efficiency and expedites the examination and approval of patents. Several agreements have been made between patent offices to encourage collaboration. These agreements allow patent applicants to ask for quicker processing in the national phase. This means that patent examiners can use work done by other participating offices. The work products may include:

• The written opinion from the International Searching Authority,
• The written opinion from the International Preliminary Examining Authority, or
• The international preliminary examination report under the PCT, given certain conditions are met

China National Intellectual Property Administration (CNIPA) has established PCT-PPH agreements with the following patent offices:

• Austria (AT): Austrian Patent Office
• Canada (CA): Canadian Intellectual Property Office
• Chile (CL): National Institute of Industrial Property (Chile)
• Spain (ES): Spanish Patent and Trademark Office
• Finland (FI): Finnish Patent and Registration Office (PRH)
• Israel (IL): Israel Patent Office
• Russia (RU): Federal Service for Intellectual Property (Rospatent) (Russian Federation)
• Sweden (SE): Swedish Intellectual Property Office
• Singapore (SG): Intellectual Property Office of Singapore

This office is also one of the pilots in the IP5 Patent Prosecution Highway.

Renewal fees become payable once a patent is granted, and they are required every year, starting from the third anniversary. This ensures ongoing protection and emphasizes the importance of keeping the patent in force for an extended period.

The patent term for patents in China is 20 years from the international filing date. Patent term of a granted patent can be extended through Patent Term Extension (PTE) for pharmaceutical patents under Article 42(3) of the Law. PTE is a mechanism designed to extend the duration of a granted patent, specifically pertaining to the active ingredient of a medicinal product.

The request for PTE must be filed within 3 months from the grant of Marketing Authorization (the approval to market a medicine). It must be made in a timely manner, necessitating submission at least 6 months prior to the patent's expiration, this means the patent must be approved before getting the Marketing Authorization.

In the year 2022, the China's Innovation Index, a pivotal metric assessing the nation's innovation prowess, registered a noteworthy value of 155.7. According to official data, there has been a consistent annual growth rate of 6.5 percent since the year 2015. This upward trajectory of the index signifies continuous advancement in China's innovation capabilities, characterized by a flourishing innovation ecosystem, augmented investments, and significant outcomes. The observed growth further underscores the pivotal role played by innovation in propelling the nation towards high-quality development.

This nation leads in global innovation, ranking first in total patent applications and an impressive third in abroad application. It also holds the esteemed position of being the third-largest contributor to PCT National Phase Entries, while on the global economic stage, it proudly secures the second position.