A multi-year patent application journey represents not only rigid technical protection needs but also a sophisticated business strategy layout.
In the era of innovation-driven development, patents have become one of the core indicators measuring enterprise competitiveness. 2025 data shows that Beijing's patent application volume accounts for 18.7% of the national total, reflecting an increasing number of innovation entities elevating patent applications to strategic heights.
Patent application is a professional and complex systematic project. Whether individual inventors or corporate R&D teams, deep understanding of China's patent system operational mechanisms is essential. This article provides a comprehensive practical analysis of the full Chinese patent application process from an operational perspective, helping you build technical barriers in fierce market competition.
In China, patents are categorized into invention, utility model, and design types under Article 2 of the Patent Law of the People's Republic of China.
Invention patents refer to new technical solutions proposed for products, methods, or improvements thereof, with a 20-year protection period.
Utility models refer to new technical solutions applicable to practical use concerning product shapes, structures, or combinations thereof, with a 10-year protection period.
Designs refer to aesthetically pleasing and industrially applicable new designs created through the combination of a product's overall or partial shape, pattern, or combination thereof with color and shape/pattern elements, with a 15-year protection period.
It's particularly important to note: The same invention-creation can only be granted one patent right. This principle, stipulated in Article 9 of the Patent Law, avoids duplicate licensing issues. However, an exception exists when the same applicant files both a utility model and invention patent application for the same invention-creation on the same day, subject to specific conditions.
The first strategic step in patent preparation is conducting a comprehensive patent search. Using professional databases such as SooPAT, Zhizhenya (domestic), or PatentsGoogle (international) can assess the novelty and inventiveness of technical solutions, avoiding duplicate R&D and applications.
Technical disclosure document preparation should adopt a three-section structure of "problem - solution - effect" with at least three differentiated implementation examples. This step is crucial as it determines whether patent attorneys can truly understand the innovative essence of your technology.
Another often overlooked but extremely important point: A non-disclosure agreement (NDA) must be signed with partners/suppliers before application to avoid technical disclosure. In many cases, innovators fail to obtain patent authorization due to public disclosure before application.
Patent application requires preparing a series of documents. For invention and utility model patents, documents including request forms, specifications with abstracts, and claims books must be submitted. The claims book is the core legal document determining the patent's protection scope and requires particular attention.
2025 Beijing application requirements further clarify: specifications must contain five major sections - technical field, background technology, invention content, brief description of drawings, and specific implementation methods. For utility model patents, specification drawings (mechanical structural schematics/circuit diagrams) must be submitted with pictures conforming to CNIPA's CAD drafting standards.
Design patents have special requirements: submission of six-view photographs (front/rear/left/right/top/bottom views) or stereograms with resolution not lower than 300dpi. If color protection is required, a color declaration document must also be submitted.
Currently, there are three main patent application channels in China: electronic application, agency handling through commissioned agencies, and paper application. Electronic application is the most recommended method, with registration as a user through the patent business handling system (https://cponline.cnipa.gov.cn/) enabling online submission.
For applicants unfamiliar with the process, they can choose to commission patent agencies registered with the National Intellectual Property Office. If any irregularities are found in the commissioned agency, feedback can be provided to local intellectual property authorities.
Regarding fees: Invention patent application fee is 900 yuan, while utility model and design patents are 500 yuan each. Additional fees may apply, such as 150 yuan per claims item beyond the 10th item as claims exta fees, and 50 yuan per page beyond the 30th page as specification extra fees.
The review processes for invention and utility model patents differ significantly. Invention patents require four stages: preliminary examination, publication, substantive examination, and authorization. Utility models only require formal examination and authorization, without substantive examination.
Invention Patent Review Process
After preliminary examination (3-6 months), invention patent applications enter the publication stage. By default, patents are published 18 months after the application date, but applicants can choose "early publication" declarations to shorten the publication time to 3-6 months.
During the substantive examination stage, applicants must submit a substantive examination request and pay fees within 3 years. Examiners will focus on assessing the "three characteristics" (novelty, inventiveness, and practicality) of the technical solution. 2025 data shows the average review period for invention patents has been shortened to 15 months.
Utility Model Review Characteristics
Utility model patents only require formal examination focusing on "product shape and structure" technical solutions and practicality, with authorization cycles controlled within 6 months. In 2025, policies have been further optimized with a 26% year-on-year decrease in abnormal patent applications and stricter quality control.
Receiving a review opinion notice is common during patent application. How to respond to review opinions often determines whether the patent can ultimately be authorized.
When responding to review opinions, it's necessary to rebut each review opinion point by point. When modifying the claims book, it must not exceed the original application scope. This is highly professional work, and many applicants choose to commission professional patent attorneys to issue review opinion response documents.
Typical cases show that a university successfully obtained authorization by supplementing experimental data during the substantive examination stage to prove technical solution practicality. However, some enterprises have had patents rejected due to modifying claims beyond the original scope during review opinion response.
After receiving the Authorization Notice, applicants need to pay the first-year annual fee and registration fee (invention patent: 900 yuan + 250 yuan) within the specified time (usually 15 days). Overdue payment will be deemed waiver of the right to obtain patent rights.
After patent authorization, electronic certificates will be issued within 3 working days, while paper certificates will be mailed within 1 month. However, obtaining the patent certificate is just the beginning of patent management, not the end.
Annual fee management requires special attention: Invention patent annual fees increase逐年 (900 yuan for years 1-3, 1200 yuan for years 4-6, 2000 yuan for years 7-9, 4000 yuan for years 10-12, 6000 yuan for years 13-15, and 8000 yuan for years 16-20). Overdue payments within 6 months can be made up with an additional 5%-25% surcharge.
For enterprises with international market layout needs, international patent applications can be submitted through the PCT (Patent Cooperation Treaty) path. PCT international applications need to enter target countries within 30 months.
After international applications enter the national phase, documents need to be translated and local agencies commissioned according to national requirements.
It should be noted: Any unit or individual applying for a patent abroad for an invention or utility model completed in China must first submit for confidentiality review. Violations of this provision will not grant patent rights in China for patents applied abroad.
To alleviate the burden on innovation subjects, China provides patent fee reduction policies. Fees eligible for reduction include: application fees excluding publication printing fees and application, invention patent application substantive examination fees, review fees, and annual fees (from the year of authorization for the first ten years).
For economically difficult patent applicants or patentees, the Patent Fee Reduction Measures can be implemented. Small and micro enterprises can enjoy an 85% official fee reduction. It should be noted that when other patent fee reduction policies are simultaneously applicable, the most preferential policy can be chosen, but duplicate benefits are not allowed.
In 2025, China's patent review shows a trend of improving both efficiency and quality. The average review period for invention patents has been shortened to 15 months, with priority examination cases concluded within 1 year. The Yangtze River Delta region (Shanghai, Jiangsu, Zhejiang, Anhui) has established a review process mutual recognition mechanism with unified review standards.
Regarding quality control: Low-quality patents are eliminated through review, with abnormal patent applications decreasing by 26% year-on-year in 2025. Agency responsibilities are also strengthened, with agencies filing abnormal applications facing fines up to 50,000 yuan.
In addition, international convergence is strengthening: After PCT applications enter the Chinese phase, simultaneous application for rapid pre-examination can shorten the international patent layout cycle. These changes demonstrate the continuous optimization of China's patent system to provide better services for innovation subjects.
Digital transformation is profoundly changing patent business processes. In 2025, electronic applications have become absolutely mainstream, with blockchain certification technology piloted in some cities, enhancing transparency through on-chain review process data.
More encouragingly, the Yangtze River Delta region has established a review process mutual recognition mechanism, with Shanghai, Jiangsu, Zhejiang, and Anhui unified review standards. Regional integration is becoming a reality in the field of intellectual property.
Patent strategy is no longer the exclusive game of large enterprises. With fee reduction policies and process simplification, SMEs and individual inventors can also find their place in this innovation protection battle. The key is to master the rules - and then make good use of them.
YIQIIP short for YiQi Intellectual Property is a registered trademark and intellectual property legal service brand in China. YiQi in Chinese phonetically same as "Together" and literally same as " Perseverance and best wishs", perfectly conveys our values of long-term perspectives and sustainable development.
YIQIIP is a trademark agency certified by the Trademark Office of CNIPA (the National Intellectual Property Administration), providing consulting services to clients worldwide, focusing on trademark-related solutions including registration, strategy, translation, renewal, modification, transfer, review, response to opposition, pledge, management, notarization, monitoring, litigation, and rights protection, etc.
Our mission is to safeguard IP of brands and devote to flourishing of brands, We help brand minimize trademark related risks for stable development. We firmly believe in and emphasize the necessity of long-termism, forward-thinking strategies for brand development.
（source: CNIPA data on 06/04/20025)
（Source: CNIPA, Chinese Trademark Registration Certificate)
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