Overview (entry to grant)
Enter China within 30 months from the earliest priority date. China provides a two-month late entry window (up to 32 months) on payment of a late-entry surcharge. Entry requires filing into Chinese and appointing a local patent agency if you do not have a mainland China address. Substantive examination is requested later and must be filed within three years from the international filing date (the PCT filing date). Amendments are permitted during prosecution provided no new matter is introduced.
Practical nuance: China calculates extra-claim surcharges for national-phase entry using the claims as originally filed in the PCT, not as later reduced. Reducing claim count at entry will not avoid those surcharges.
Essentials (single table)
| Topic | China practice (concise) |
|---|---|
| National phase deadline | 30 months from earliest priority; late entry permitted up to 32 months with a surcharge |
| Language and translation | Chinese required: description, claims, abstract, and any text in drawings; include translations of any Article 19/34 amendments you wish to rely on |
| What must be on file to enter | National-phase request/statement and the full Chinese translation (plus the abstract drawing, if any). If the PCT was published in Chinese, entry is simplified (statement + published abstract/drawing) |
| Copy of the international application | Normally not required; CNIPA retrieves from WIPO unless an early start is requested |
| Representation and POA | A Chinese patent agency must be appointed if the applicant has no mainland China address. A signed Power of Attorney is required; no notarization/legalization |
| Request for examination | Filed later; deadline is three years from the international filing date (PCT filing date) |
| Amendments | Permitted under Chinese practice (no added matter). Translation corrections are allowed if needed |
| Claim/page surcharges | Calculated from the PCT claim set as originally filed; later reductions do not lower the entry surcharges |
What your Chinese agent will need (send at instruction)
- PCT application and publication numbers; earliest priority date
- Latest specification, claims, abstract, drawings (Word/PDF), including any Article 19/34 amendments
- Terminology preferences, prior translations (if any), and any text within drawings needing translation
- Applicant and inventor particulars (names as you wish them to appear in Chinese); assignment status if relevant
- Claim strategy on entry (e.g., whether to convert multiple-dependent claims)
- Whether you anticipate using the 32-month late-entry route
- Preference on timing of the later request for examination (e.g., standard vs. coordinated with other jurisdictions)
Government fees payable at entry only
Amounts are in CNY and are the official fees due to commence the China national phase. Fees that arise later (e.g., examination fee, annuities, extensions) are intentionally excluded.
| Fee item (invention patent, national-phase entry) | Amount (CNY) | When it applies |
|---|---|---|
| Filing (application) fee | 900 | Due at entry |
| Application publication (printing) fee | 50 | Due at entry |
| Additional fee for each claim over 10 | 150 per claim | Due at entry; based on claims as originally filed in the PCT |
| Additional fee per page of description over 30 pages | 50 per page | Due at entry |
| Additional fee per page of description over 300 pages | 100 per page | Due at entry |
| Late entry surcharge (30→32 months) | 1,000 | Only if using the 32-month window |
Notes
• The “fee for claiming priority” listed in China’s general schedule is typically irrelevant to PCT national-phase entry and is not required to commence entry.
• Translation preparation is a vendor cost (not a CNIPA fee).
Process steps (practical view)
- Enter on time: file the national-phase request/statement and complete Chinese translations (or, if using the late entry route, do so by 32 months and pay the surcharge).
- Appoint the Chinese patent agency and lodge a signed Power of Attorney (simple signature suffices).
- Attend to formalities notices, including any invitation to pay entry fees if not already remitted, and cure minor defects.
- Decide when to file the request for substantive examination (any time within three years from the international filing date).
- Prosecute: respond to CNIPA office actions with argument and amendment; examiner interviews may be arranged where helpful.
- On allowance, complete grant formalities; annuities and post-grant matters fall outside this entry-stage page.
Professional fees (planning guidance)
Ranges vary with technical field, translation volume, and urgency. These are typical for straightforward cases.
- National-phase commencement (entry package, agent appointment, filing formalities): CNY 4,000–10,000
- Translation vendor costs (EN→ZH technical): approximately CNY 0.8–1.6 per English word (wide range by domain); counsel QA time may be additional
- Optional claim clean-up on entry (formatting to CN practice, dependency adjustments): CNY 2,500–8,000
Use these ranges for budgeting; request firm quotes once claim count, page count, and word count are confirmed.
What to include with your quote request
- PCT/IB numbers and earliest priority date
- Total and independent claim counts; identify any multiple-dependent claims
- Approximate page count of the international publication and estimated English-word count for translation (include text in drawings)
- Any Article 19/34 amendments to incorporate
- Whether late entry (32 months) is anticipated
- Desired timing for the request for examination and any PPH intentions
References (unique)
- CNIPA: PCT national-phase entry, required acts, late-entry to 32 months, and required fees. english.cnipa.gov.cn
- CNIPA: Patent fee schedule (invention filing fee, publication fee, extra claims/pages, late-entry surcharge). english.cnipa.gov.cn
- WIPO PCT Applicant’s Guide — China (national-phase rules, fee amounts, 32-month surcharge; claim-count based on PCT as originally filed). pctlegal.wipo.int
- CNIPA Patent Law, Article 35 (request for substantive examination within three years from the filing date). english.cnipa.gov.cn