In today's globalized and rapidly evolving technological landscape, the protection of intellectual property has become increasingly important. To gain a competitive edge in the market, businesses and individuals often seek to obtain patent rights as quickly as possible. This article will introduce several accelerated examination routes for Chinese invention patent applications.

Patent Prosecution Highway (PPH)

1.Applicable Applications/Fields

Applicants can request accelerated examination for their corresponding Chinese application based on the fact that at least one claim in their application filed with the Office of Earlier Examination (OEE) has been determined to be patentable. This is provided that there is a PPH cooperation agreement between the OEE and the China National Intellectual Property Administration (CNIPA) and that the claims in the earlier application and the Chinese application sufficiently correspond.

2.Submission Timing

The Chinese invention application must have been published. Applicants can submit a PPH request either simultaneously with the request for substantive examination or after the application has entered the substantive examination phase but before receiving any office actions.

3.Required Documents

• PPH request form;
• Copies and translations of all office actions issued by the OEE;
• Copies and translations of all claims determined to be patentable by the OEE;
• Copies of prior art references cited by the examiner.

4.Considerations

• PPH requests can be submitted at any time after entering the substantive examination phase and before receiving any office actions. However, if claims need to be amended to fully correspond to the patentable claims, the applicant must be mindful of the deadline for voluntary amendments;
• An applicant can submit a maximum of two PPH requests for the same application. When preparing the relevant documents and information for the PPH request, it is crucial to ensure compliance with PPH requirements;
• PPH is not a mechanism for mutual recognition of examination results among different countries. Even if a PPH request is approved, Chinese examiners will still conduct their examination based on Chinese patent examination standards and may reach different conclusions from the OEE.

5.Acceleration Effect

The PPH can shorten the time to receive examination results.

Prioritized Examination for Patents

1.Applicable Applications/Fields

Prioritized examination is applicable to the following types of patent applications:

(1) Applications related to key national development industries such as energy conservation, environmental protection, next-generation information technology, biotechnology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, and intelligent manufacturing;

(2) Applications related to industries that are encouraged by provincial or municipal governments;

(3) Applications in rapidly evolving fields such as the internet, big data, and cloud computing;

(4) Applications where the applicant or requestor for reexamination is ready to implement or has already started implementing the invention, or has evidence that others are implementing the invention;

(5) Applications that are first filed in China and then filed in other countries or regions for the same subject matter;

(6) Applications that are of significant importance to national or public interests and require prioritized examination.

2.Submission Timing

After the invention patent application has entered the substantive examination process.

3.Required Documents

• Request form for prioritized examination;
• Information materials on existing technology or design;
• Relevant supporting documents proving that the patent application meets the criteria outlined in the "Administrative Measures for Patent Prioritized Examination."

4.Considerations

Except for item (5) under applicable applications/fields, the request form for prioritized examination must include a recommendation from relevant State Council departments or provincial intellectual property offices. The decision to recommend may be influenced by the number of prioritized examination cases already recommended for the year and the patent's technical field.

5.Acceleration Effect

For invention patent applications approved for prioritized examination, the first office action is issued within 45 days from the approval date, and the case is concluded within one year.

Patent Pre-Examination

1.Applicable Applications/Fields

Applicants must be enterprises or institutions that meet the relevant industry and regional requirements, and must register for patent pre-examination at the local intellectual property protection center. The application must fall within the technical fields and patent classification numbers that the local intellectual property protection center accepts for pre-examination.

2.Submission Timing

Before submitting the patent application to the China National Intellectual Property Administration (CNIPA).

3.Required Documents

• Patent application documents;
• Application form for fast-track pre-examination services;
• Commitment letter for fast-track pre-examination services;
• Other documents required by the local intellectual property protection center.

4.Considerations

Applicants must register in advance with the local intellectual property protection center. Pre-examination does not provide an application number and filing date; these are only obtained after passing the pre-examination and submitting the application to CNIPA.

5.Acceleration Effect

After passing the fast-track pre-examination, an invention patent application can be concluded in approximately 3 to 6 months.

Chinese applicants can usually choose one of the three acceleration methods mentioned above based on their actual situation to expedite their application.

Foreign applicants, due to the requirements for prioritized examination proof documents, recommendation opinions, and the limitations on pre-examination applicant qualifications, typically choose the PPH route to expedite their application. Additionally, if the application does not meet the conditions for PPH, prioritized examination, or pre-examination, the applicant can still accelerate the patent examination process to some extent by submitting a request for early publication, promptly requesting substantive examination, and timely responding to office actions.