Costs and Procedures for Chinese Patent Applications

As one of the largest markets in the world, China has become a critical destination for securing intellectual property rights for both companies and individuals. Every year, the demand for patent protection in China grows, particularly for those looking to enhance their business competitiveness. In this column, Pine IP Firm—a Korean patent law office with extensive experience in international patent filing—provides key information on the costs and procedures for filing Chinese patent applications.

Why Chinese Patent Applications Are Important

1. Market Size
   China is renowned as one of the world’s largest consumer markets. Holding a patent in China helps prevent imitation by competitors and enables a stable market entry strategy.
2. Strengthening Intellectual Property Protection by the Chinese Government
   The Chinese government continues to increase regulations and penalties for IP infringement. As a result, securing patent rights has become increasingly vital to protect innovations.
3. Advantages for Exports and Investment
   When planning a global business or seeking investment tied to China, patent registration can serve as a key indicator of both business stability and technological capability.

Chinese Patent Application Procedure

1. Preliminary Review and Translation
   • Prepare application documents to meet the formal requirements under Chinese Patent Law.
   • All documents (specification, claims, abstract, etc.) must be accurately translated into Chinese. Translation errors can lead to unexpected office actions or a narrowed scope of protection during examination.
2. Submission of Application
   • File the application with the China National Intellectual Property Administration (CNIPA).
   • Upon acceptance, a File Number is assigned.
3. Formal Examination
   • CNIPA reviews whether the submitted documents comply with formal requirements (e.g., translations, required forms).
   • Applicants should avoid missing documents or translation errors and respond promptly to any correction requests.
4. Substantive Examination
   • CNIPA evaluates patentability: novelty, inventive step, and industrial applicability.
   • If grounds for rejection are found, an Office Action is issued. Applicants must respond with an argument and/or amendments to overcome the rejection.
5. Decision to Grant and Payment of Fees
   • Once the application passes examination, a Notice of Allowance is issued.
   • The applicant must pay the registration fee and annuities.
   • After these fees are paid, the Chinese Patent Certificate is granted.
6. Timeline: Typically, it takes about 2–4 years from filing to grant. Delays may occur if multiple Office Actions are issued.

Key Costs for Filing a Chinese PatentBelow are examples of official fees (paid to CNIPA) and local agent fees when claiming priority or entering the national phase via PCT (based on an approximate exchange rate of 1 RMB ≈ 180 KRW).

1. Filing (claiming priority from a Korean patent)
   • Official Fee (CNIPA): 950 RMB (approx. 171,000 KRW)
   • Agent Fee: 4,500 RMB (approx. 810,000 KRW)
2. Substantive Examination Request
   • Official Fee: 2,500 RMB (approx. 450,000 KRW)
   • Agent Fee: 1,300 RMB (approx. 234,000 KRW)
3. Re-examination (after a Final Rejection)
   • Official Fee: 1,000 RMB (approx. 180,000 KRW)
   • Agent Fee: 4,500 RMB (approx. 810,000 KRW)

* Additional fees may be charged if there are more than 10 claims or if the specification exceeds 30 pages.Strategic Points

1. Maintain High-Quality Specifications
   • Begin with the Korean patent documents but adapt them to Chinese examination standards.
   • Carefully review the scope of claims and the specification to prevent potential issues.
2. Choosing the Right Application Route
   • Priority Claim: A relatively straightforward route, typically filed within 12 months of the original Korean filing date.
   • PCT National Phase: Allows you to utilize international search and examination results, although initial costs and procedures can be more complex.
3. Timing of Filing
   • In China, you can request substantive examination within three years of the filing date.
   • This flexibility allows you to consider product launch timelines or competitor activity when deciding when to proceed.

Strategies Proposed by Pine IP Firm

1. Optimizing Specification Quality
   • Adapting your application to meet Chinese examination standards is crucial.
   • With years of experience in Chinese patent cases across various industries and technologies, Pine IP Firm drafts customized specifications to maximize your patent scope.
2. Proactive Office Action Responses
   • During substantive examination, if an Office Action is issued, it is critical to analyze the grounds for rejection and prepare a robust response.
   • Our experienced patent attorneys collaborate to craft detailed responses that safeguard the broadest possible scope of protection.
3. Maximizing Cost Efficiency
   • From filing to registration, predict the necessary steps and fees in advance and plan a cost-effective strategy.
   • Pine IP Firm offers consultation before filing, helping you manage translation requirements, examination approaches, and potential Office Action responses—ultimately reducing overall costs.
4. Utilizing Accelerated Examination Programs
   • For certain technologies (e.g., renewable energy, environmental technology, government-supported industries), CNIPA provides expedited examination.
   • If eligible, we help secure patent rights more quickly through fast-track programs.

Why You Need Experts for Chinese Patents

• Avoiding Translation Errors: Overcome both linguistic and legal barriers to ensure accurate translations.
• Strategic Application Planning: Devise an optimal plan by considering your overall patent portfolio and the Chinese market environment.
• Effective Examination Responses: Closely analyze CNIPA’s examination direction and reasons for rejection, then respond with strong arguments or amendments to increase the likelihood of allowance.

For a Successful Chinese Patent Acquisition

Securing patent rights is essential for expanding business opportunities in China. However, due to language barriers and differing legal systems, mistakes are easy to make. We recommend working with a specialized patent firm to minimize risks. Pine IP Firm accurately guides you through the costs and procedures for Chinese patent filing and proposes tailored strategies to help businesses and individuals maximize their intellectual property value.

If you have any questions about Chinese patent applications, please feel free to contact us.
With Pine IP Firm, you can rest assured that your Chinese patent journey is in expert hands.