Generally, there are multiple stages before a Chinese patent application can be granted by the China National Intellectual Property Administration (CNIPA). Based on my years of work experience in China’s patent practice, it may take more than 30 months, or even 40 months, from filing date to obtain a patent in China. This slow examination process can have negative effects when applicants or patentees want to pursue patent protection in China. Furthermore, if a patent is granted many years after filing, its value will be greatly reduced.
On February 22, 2023, CNIPA held a press conference, and made clear arrangements to improve the quality and efficiency of patent examination. The following messages are worth noting:
1. CNIPA will reduce the examination period of invention patents from 30+ months to 16 months.
2. CNIPA will improve the quality of utility models and design patents, which will help to enhance the value and validity of the patents and further promote healthy development of the patent protection environment in China.
If you need assistance on patents in China, please feel free to contact us.