ChinaAccelerated Patent ExaminationChina Patent OfficeCNIPAHong KongInventionsPrioritized Examination
4 January 2023

BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023

by
Ms. Jennifer Che

New year, new resolutions! The CNIPA has recently announced a pilot program that provides Hong Kong applicants the opportunity to expedite their patent applications filed in China. Starting 1 Jan 2023, Hong Kong permanent residents and entities legally registered in Hong Kong can request prioritized examination for their invention patent applications before the CNIPA. To be eligible, the patent application must be:

  1. an invention application filed directly in China or via national phase entry into China in the substantive examination stage;
  2. filed electronically;
  3. the invention belongs to a qualified technical field, such as internet, big data, cloud computing, biotechnology, environment protection, high-end technology manufacturing, new materials, energy conservation, and more—check out this document (Chinese only) to see the eligible IPC codes; and
  4. the applicant or at least one co-applicant must be (1) a Hong Kong permanent resident or (2) a company established under Companies Ordinance in Hong Kong or a legal entity or organization of other types in Hong Kong.

To request a prioritized examination, the applicant will need to submit a request form along with other required documents to the CNIPA at one of the representative offices in Guangdong or Shenzhen, by mail or in person. Of particular note, applicants must submit information about the existing technology in the field, i.e., known prior art, not unlike an Information Disclosure Statement (IDS) in the US. The applicant must appoint an agency to file the request for prioritized examination unless they have a permanent residence or business office in Mainland China.

Additional Notes:

  • Same Day Invention + UM Applications will generally not receive prioritized examination
  • All foreign language materials must be translated into Chinese
  • There is no charge for this service
  • Restrictions may apply

EIP Comments

This ability to get prioritized examination is great news for Hong Kong permanent residents and Hong Kong companies. Hong Kong could become a very strategic location for international businesses thinking of setting up an office in Asia, especially if being able to get Chinese patents granted quickly is important. International companies can also consider partnering with Hong Kong entities, since co-applicants including a Hong Kong applicant can also enjoy this new pilot program.

If you think you may be eligible for this “fast track” route and would like some help, please feel free to contact us. Our Shenzhen entity Eagle IP (Shenzhen) is a registered Chinese patent agency and we can assist with applications under this pilot program.

Official details (Chinese only) can be found here: https://www.cnipa.gov.cn/art/2022/12/23/art_53_180967.html

For more details about prioritized examination, feel free to send us an email at [email protected].

Eagle IP is a top-tier boutique patent firm with a unique mix of experienced US and Chinese patent professionals with significant cross-border knowledge and experience. Our technically expertise covers wide range of technologies including, but not limited, to life sciences, biotechnology, medicine, pharmaceuticals, material and environmental science, chemistry and consumer electronics. We have years of experiences in drafting and prosecuting patent applications involving biological deposits, sequence listings, small and large molecules, drug discovery and development, material science, software and engineering, and many others.

This article is for general informational purposes only and should not be considered legal advice or a legal opinion on a specific set of facts.

Other Articles

How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?

20 November 2020
The Supreme People’s Court has just issued draft regulations for comment regarding how new Article 76 will work in conjunction with civil procedure law. The period to submit comments ends December 14, 2020, and the final version will come into force June 1, 2021, together with the new Chinese Patent Law. The Backdrop: New Chinese […]

When Standards Evolve: How China Judges Inventiveness in Next-Gen Tech Patents

30 September 2025
Starting in 2023, Datang Mobile, one of the key players in China’s telecom standardization efforts, initiated infringement proceedings against Samsung in China, Germany, and the US. Samsung responded by filing multiple invalidation petitions in several jurisdictions, including China, the United States, and Europe. The case discussed below is one of above-mentioned invalidation cases in China, […]

How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law

19 October 2022
Previously we published an article about CNIPA rejecting a patent application claiming a food that could also be used to treat or prevent diseases based on the food’s alleged non-compliance with Food Safety Law. China’s Food Safety Law includes a provision which states any use of a composition as a food must be strictly separated […]

Hong Kong Launches New Original Grant Patent System

17 December 2019
Hong Kong will be launching a new patent system on December 19, 2019 that includes key changes, most notably the introduction of an original grant patent system. This new patent system includes both the Patents (Amendment) Ordinance 2016 and the Patents (General) (Amendment) Rules 2019. Currently, there are two types of patent applications available in […]

Our Past Events

Top crossarrow-right