Paris Convention. File directly with CNIPA, claiming priority from the first application — within 12 months for an invention or a utility model, and within 6 months for a design.
PCT. File the international application first, then enter the Chinese national phase within 30 months of the priority date and pay the corresponding fees. If the 30-month deadline is missed, entry remains possible up to 32 months on payment of a surcharge.
National phase entry requires a Chinese translation of the application. The accuracy of this translation directly determines the resulting scope of protection, and translation errors are a common point of attack in invalidation proceedings.
Under either route, foreign applicants must engage a patent agency duly established in China.
