中国China Patent OfficeCNIPAEPOJPOKIPOPatent Prosecution HighwayPPHUSPTO
2024年4月23日

Stay Ahead: Getting a Chinese Patent in Three Months?

by
王怡瑾女士

The China National Intellectual Property Administration (CNIPA) has announced a significant development in the realm of patent prosecution: the initiation of the "PPH Improvement Initiative" in collaboration with key patent offices from the United States, Europe, Japan, and South Korea. This initiative aims to elevate the user experience of the Patent Prosecution Highway (PPH) by setting ambitious targets for the average cycle time of the first office action and the average cycle time for replying to applicants' responses, both now set at three months starting from 2024.

Here's a concise summary of the specific changes:

Timeline

Before

After

Average Cycle Time for First Notice1

Within Four Months

Within Three Months

Average Cycle Time for Replying to Applicants’ response

NA

Within Three Months

The PPH serves as an expedited patent examination pathway between different countries or regions, facilitating quicker patent examination processes through shared work among patent examination authorities. Since its inception in November 2011, CNIPA has established PPH cooperation with patent offices in 32 countries or regions.

In order to enhance the predictability of PPH application examination timelines, ongoing discussions among the IP52 have led to this initiative. Initially proposed by Japan and the United States, China's active participation underscores its commitment to this policy. Ideally, receiving a notice of grant within three months (or even shorter) is now within reach.

For enterprises aiming to penetrate global markets, this improvement policy promises to make examination timelines across different countries more predictable. It is anticipated that this will enable companies to manage their intellectual property systematically and strategically expand into the global market.

If you would like to have more information on this matter or would like to have our advice, please feel free to contact us 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.

  1. It could be Notice of Allowance or First Office Action. ↩︎
  2. IP5 is a forum of the five largest intellectual property offices in the world. The five patent offices are the US Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the National Intellectual Property Administration (CNIPA formerly SIPO) in China. ↩︎

其他文章

China Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results

2022年6月30日
China has been implementing a plethora of new laws and measures that are particularly favorable to drug companies, such as patent term extension and patent linkage. Details of the new implementation measures for patent linkage (technically “early dispute resolution mechanisms for drug patents”) came into effect on July 4, 2021. At around the same time, […]

Do Promotional Marketing Materials Constitute an “Offer for Sale” under Chinese Patent Law? Bayer IP GmbH v. Nanjing Hang Seng Pharmaceutical

2023年12月12日
Bayer's blockbuster drug Rivaroxaban has seen its share of patent litigations in China, several of which are big enough to be listed as Top 10 IP cases or 50 Representative IP cases. We summarized an invalidation case back in 2020 where all of Bayer’s claims directed towards the compound were upheld. Recently, another Rivaroxaban case […]

FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement

2023年1月4日
Since the publication of our earlier article about China signing onto the Hague Agreement, some of our Hong Kong clients have expressed interest in taking advantage of the Hague international design application system, i.e., filing a Hague international design application with the CNIPA (Chinese National Intellectual Property Administration) as a receiving office (RO). Up until […]

New Policies to Promote Importation of Innovative Drugs

2018年11月8日
At the April 12, 2018 executive meeting of the State Council in China, Premier Mr. Li Keqiang indicated the government’s desire to increase China’s access to innovative drugs. To achieve this, the government would encourage importation of innovative drugs into China by streamlining the regulatory pathway, enhancing IP protection, and lowering the cost of medicine. […]

我们的过去活动

Top crossarrow-right