PCT National Phase Patent in CHINA fee calculator

We offer to the below mentioned attorney fee options

Action based attorney fee for a patent in CHINA

PCT National Phase Patent in China

The People’s Republic of China is a member of the Patent Cooperation Treaty (PCT), allowing applicants to seek patent protection in China through the PCT national phase route. The China National Intellectual Property Administration (CNIPA) handles all patent filings and examinations within China.

Filing Deadline

• The deadline to enter the national phase in China is 30 months from the earliest priority date.
• A late entry grace period of up to 2 additional months is available upon payment of a surcharge of ¥ 1,000 (≈ US $138).
• It is recommended to complete entry well before the 30-month deadline to avoid translation and procedural issues.

Required Documents

To enter the Chinese national phase, you must submit:

• Chinese translation of the PCT application (description, claims, abstract, drawings)
• PCT request form (PCT/RO/101)
• Applicant and inventor details (English + Chinese)
• Power of attorney for a Chinese patent agent
• Priority documents (if not already submitted)
• Fee payment receipts

Note: Foreign applicants must appoint a Chinese patent agent.

Applicant-Based Fee Reductions

• Chinese individuals, SMEs, and universities may qualify for 70 % or 85 % reductions in official fees if they meet CNIPA’s criteria.
• Foreign applicants are generally not eligible for these reductions unless the filing is made through a qualifying Chinese entity.

Examination and Grant

• The Request for Substantive Examination must be filed within 3 years from the international filing date.
• CNIPA examines novelty, inventive step, and industrial applicability.
• After approval, the grant fee and publication fee are payable before the patent is issued.

Translation and Agent Requirement

All PCT applications entering China must be translated into Chinese.
Foreign applicants must appoint a Chinese-registered patent agent to handle the filing and correspondence with CNIPA.

Key Advantages of Filing in China

• One of the largest patent offices in the world, offering robust protection in a key global market.
• Dual filing options (invention + utility model) provide flexible and strategic protection.
• Membership in major international treaties ensures compatibility with WIPO procedures.

Frequently Asked Questions – PCT National Phase in China

Q1. What is the deadline to enter the China national phase?
Applicants must enter the national phase in China within 30 months from the earliest priority date of their PCT application. A 2-month grace period is available with a late entry surcharge. Timely entry is recommended to avoid complications.

Q2. What documents are required for filing?
To enter the Chinese national phase, you need:

• A Chinese translation of your international application (description, claims, abstract, and drawings)
• The PCT request form and details of the applicant and inventor
• A power of attorney for a local Chinese patent agent
• Priority documents, if applicable
• Proof of official fee payments

Foreign applicants must appoint a Chinese patent agent to handle filings and correspondence.

Q3. Is there a difference between invention and utility model applications?
Yes. Invention patents are examined substantively for novelty and inventive step, have a 20-year term, and take longer to grant. Utility model patents undergo formality-only checks, have a 10-year term, and are granted faster. Many applicants use both types strategically.

Q4. Can applicants get fee reductions?
CNIPA offers official fee reductions for individuals, universities, and Chinese SMEs. Reductions can range from 70% to 85% of official fees if eligibility criteria are met. Foreign applicants usually pay full fees unless filing through a qualifying Chinese entity.

Q5. How are priority claims handled?
For each priority claimed, a priority claim fee is payable, starting from the first priority. Multiple priority claims incur a separate fee for each.

Q6. What are the advantages of entering the PCT national phase in China?

• Protection in one of the largest patent markets in the world
• Dual filing options (invention + utility model) for faster and long-term protection
• Compatibility with WIPO and PCT procedures, ensuring streamlined international IP protection

Written by Mahesh Bhagnari, Patent & Trademark Attorney in India.

Patent attorney in India

I, Mahesh Bhagnari, am the Managing Principal of the firm:

• I am an Attorney at Law with Bar Council Registration № MAH/1574/2003.
• I am licensed to practice at the Intellectual Property Office as a Patent attorney in India and Design attorney in India with Registration № IN PA 1108.
• I am licensed to practice as a Trademark attorney in India with Registration № 10742.
• I have more than twenty years of professional experience working in the field of Intellectual property.