ChinaChina Patent OfficeCNIPAEPOJPOKIPOPatent Prosecution HighwayPPHUSPTO
23 April 2024

Stay Ahead: Getting a Chinese Patent in Three Months?

by
Ms. Yolanda Wang

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. ↩︎

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 […]

Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data

1 April 2025
“Good Faith” is a challenging concept that brings with it the nuances of a particular jurisdiction’s ideas about honesty, moral values, and societal expectations. Most patent laws around the world include good faith requirements – especially in matters involving the legal and the medical profession – and China is no exception. So what’s the standard? […]

What Kind of Damage Awards Can You Get in China?

16 June 2022
Is it worth filing for a patent in China? What kind of damage awards can you get? Pharma companies care more about injunction than damage awards, since it’s quite unlikely that any damage award can compensate for the large amounts of money that may be lost for patent infringement. Chinese courts often issue injunctions in […]

China Announcing More Proposed Amendments to the Examination Guidelines in 2022

17 November 2022
It’s been a year and a half since the new Chinese Patent Law came into effect (1 June 2021). Although various versions of draft Examination Guidelines have been released, thus far no official finalized versions have been confirmed. On October 31, 2022, yet another new list of proposed amendments was published1, this time consolidating the […]

Our Past Events

Top crossarrow-right