What information should a Request for filing Chinese patent applications include?
Regardless of the type of patent in China, a Request for filing Chinese invention/utility model/design application is required. What information should the Request include?
The information required in a Requests for filing these three types of Chinese patent applications are basically the same:
The name, address and nationality of the applicant;
The name and address of the inventor. If the first inventor is a Mainland Chinese, he is required to provide his identity card number (ID card No.). His name in Chinese should also be consistent with that shown on his ID card.
Priority claim: if a previous application filed in other country/region, it can be claimed as a priority of the Chinese patent application. The filing date thereof, the country/region accepting the application and the priority application number should be indicated in the filing request.
Please kindly note that, all the information should be provided in Chinese. If no corresponding Chinese can be provided by the applicant, the agent will translate it/them into appropriate Chinese and fill in them in the Request.
Some special requests for Chinese applications
Request for Substantive Examination (for invention applications)
A request for substantive examination may be filed upon filing, and no later than 3 years from the earliest priority date.
To expedite prosecution, the agent usually suggests that a request for substantive examination be filed upon filing. However, a delayed request for substantive examination may delay costs and allow more time for the applicant for commercial and/or technological development based on the invention.
Request for Deferred Examination (for invention and design applications)
As the request for deferred examination is usually filed in the Chinese invention applications, we would mainly introduce the deferred examination in the invention application.
A request for deferred examination for invention application shall be filed concurrently with the filing of the request for substantive examination by the applicant, and the request for deferred examination shall take effect from the date when the request for substantive examination takes effect.
The deferral period shall be one, two or three years from the date of entry into force of the request for deferred examination. Upon expiration of the deferral period, the application shall be examined in accordance with the sequence.
When necessary, the CNIPA can initiate its examination procedure and inform the applicant that his or her request for deferred examination is terminated.
Request for Early Publication (for invention applications)
A Chinese application usually publishes approximately 18 months from its earliest priority date. However, if a request for early publication is filed, a Chinese application publishes after completion of the formality examination which takes approximately 3-6 months after filing.
