CNIPA Releases FAQ on Entering the National Phase in China from Patent Cooperation Treaty PCT) Applications

nOn July 23, 2026, China’s National Intellectual Property Administration (CNIPA) released a Frequently Asked Questions (FAQ) regarding International Applications Entering into the China National Phase (国际申请进入中国国家阶段常见问题咨询). A translation follows. The original is available here (Chinese only).

1. How to complete the procedures for entering the Chinese national phase
Applicants seeking patent protection in China must complete the procedures for entering the Chinese national phase (hereinafter referred to as “entry procedures”) within the prescribed time limit. Foreigners, foreign enterprises, or other foreign organizations without a habitual residence or place of business in China must appoint a legally established patent agency to handle the relevant procedures. The entry procedures must comply with the following requirements:

(1) Time limit: Applicants must complete the entry procedures within 30 months from the earliest priority date; if not completed within this period, the procedures may still be completed within 32 months from the earliest priority date upon payment of a surcharge for late entry. If an applicant withdraws the priority claim while completing the entry procedures, the time limit for completing said procedures is still calculated from the original earliest priority date.
For example, regarding an international application claiming priority with a priority date of September 5, 2017, and an international filing date of September 3, 2018: if the applicant completes the entry procedures on March 1, 2021, and simultaneously submits a declaration withdrawing the priority claim, the time limit for the application to enter the Chinese national phase is still calculated from September 5, 2017.

(2) Documents:

① Submit the corresponding declaration for entering the Chinese national phase, specifying the desired patent type—either an invention patent or a utility model patent (only one may be selected). Note that the international application number must be correctly stated when filling out this form.

② If the international application was filed in a foreign language, submit Chinese translations of the original description, claims, and abstract. If there are drawings and an abstract drawing, submit copies of the drawings and designate the abstract drawing; if the drawings contain text, replace it with the corresponding Chinese text.

③ If the international application was filed in Chinese, submit the declaration for entering the Chinese national phase.

(3) Fees: Applicants must pay the application fee and the publication and printing fee (for inventions) in full within the prescribed time limit; where necessary, a surcharge for late entry and application surcharges must also be paid. If priority is claimed, the priority claim fee must also be paid within two months from the date of entry (regarding fee payment, please refer to “Notes on Fee Payment for International Applications Entering the Chinese National Phase”). For international applications where the China National Intellectual Property Administration (CNIPA) acted as the Receiving Office and conducted the international search, the application fee and any applicable additional application fees are waived upon entry into the national phase. Once the applicant completes the entry formalities, the Patent Office of the CNIPA will compare the date of submission of the translation with the date of payment for the application fee, publication/printing fee, and any surcharge for late payment; the later of these dates will be determined as the date of entry.

2. How to obtain the forms required for entering the Chinese national phase: Forms can be downloaded from the official CNIPA website: http://www.cnipa.gov.cn/.

3. How to fill out the written declaration form for entering the Chinese national phase: Detailed instructions are attached to the declaration form; please complete the form correctly in accordance with these instructions.

4. How to submit relevant documents: Applicants may submit documents via the following methods: (1) In person: Submit directly at the PCT window of the Acceptance Hall of the Patent Office of the CNIPA. (2) By mail: Mail documents to the “Acceptance Division, Patent Office of the CNIPA” at the following address: No. 6 Xitucheng Road, Jimenqiao, Haidian District, Beijing; Postal Code: 100088. (3) Electronic submission: Submit via the Patent Business Processing System.

5. How to request early processing and examination: To request early processing and examination of an international application by the Patent Office of the CNIPA before the expiration of the 30-month period from the priority date, the applicant must—in addition to completing the aforementioned entry formalities—also complete the following necessary procedures:

(1) Submit an explicit request in accordance with regulations. When completing the entry formalities, the applicant may make the appropriate mark in Box 15 of the entry declaration—specifically: “The 30-month period from the priority date has not yet expired; request the CNIPA to process and examine this international application early in accordance with Rule 129 of the Implementing Regulations of the Patent Law.” If the request for early processing and examination is made after the international application has entered the Chinese national phase, it may be submitted via a written statement of observations.

(2) If the International Bureau has not yet transmitted a copy of the international application to the Patent Office of the CNIPA, the applicant may voluntarily submit a copy of the international application certified by the Receiving Office or the International Bureau; alternatively, the applicant may request the Patent Office of the CNIPA to ask the International Bureau to transmit a copy of the international application by making the corresponding mark in Box 15 of the statement of entry—specifically, “This international application has not yet been internationally published; the CNIPA is requested, in its capacity as a designated Office, to ask the International Bureau to transmit a copy of the international application documents”; the applicant may also request the International Bureau to transmit a copy of the international application to the CNIPA in accordance with Rule 47.4 of the PCT Regulations.

6. How to request early national publication: To request early national publication, an explicit request must be made. If the request is made when completing the entry formalities, the corresponding mark may be made in Box 16 of the statement of entry—specifically, “Early publication: Request for early publication of the patent application pursuant to Article 34 of the Patent Law.” If the request is made after completing the entry formalities, a “Declaration Requesting Early Publication of an Invention Patent Application” must be submitted.

7. Must the applicant appoint a patent agency when handling the entry of an international application into the Chinese national phase? Pursuant to Article 18 of the Patent Law, foreigners, foreign enterprises, or other foreign organizations having no habitual residence or business office in China must appoint a patent agency established in accordance with the law to handle patent applications and other patent-related matters in China.
Chinese entities or individuals may appoint a patent agency established in accordance with the law to handle patent applications and other patent-related matters within China.

1. Points to note when paying fees for an international application entering the Chinese national phase

(1) Fees may be paid directly to the Patent Office of the China National Intellectual Property Administration (CNIPA), remitted via post office or bank, or paid online by logging into the Patent Business Processing System and accessing the patent fee payment service module. For payments remitted via post office or bank, the correct international application number or national application number, the name of the fee being paid, and the desired type of patent protection must be clearly indicated on the remittance slip.

(2) Before receiving the notification of the international application entering the Chinese national phase, the applicant may pay relevant fees using the international application number; after receiving said notification, the applicant must use the national application number for fee payments.

(3) For inquiries regarding fee payments, please call the customer service hotline at 010-62356655. Please note that the Patent Office of the CNIPA can only determine the date of entry, assign a national application number, and issue the notification of the international application entering the Chinese national phase after the applicant has completed the entry formalities as prescribed—specifically, submitting the required documents and paying the required fees within the prescribed time limits. Failure to timely pay the application fee, publication and printing fee, and grace period fee will result in the international application failing to enter the Chinese national phase.

2. Fee reductions and exemptions for international applications entering the Chinese national phase

(1) For international applications received and subjected to international search by the CNIPA acting as the Receiving Office, the application fee and the additional application fee (where applicable) are waived upon entry into the national phase.

(2) For international applications for which the CNIPA has established the international search report and the international preliminary report on patentability, the substantive examination fee is waived upon entry into the national phase and the filing of a request for substantive examination.

(3) Applicants who face genuine difficulties in paying re-examination fees and annual fees may submit a request for fee reduction to the Patent Office of the CNIPA in accordance with the *Measures for the Reduction and Exemption of Patent Fees* (Cai Shui [2016] No. 78).

3. Schedule of Fees for International Applications Entering the Chinese National Phase (CNY: Chinese Yuan)
(1) Application Fee
Invention patent: CNY 900
Utility model patent: CNY 500
(2) Publication and printing fee: CNY 50
(3) Additional application fees
① Additional fee for claims: CNY 150 for each claim starting from the 11th claim
② Additional fee for the description: CNY 50 per page starting from the 31st page
CNY 100 per page starting from the 301st page
(4) Substantive examination fee for invention patent application: CNY 2,500
(5) Grace period fee: CNY 1,000
(6) Priority claim fee: CNY 80 per claim
(7) Fee for correction of translation
Preliminary examination stage: CNY 300
Substantive examination stage: CNY 1,200
(8) Fee for restoration of unity of invention: CNY 900
Note: Other fees for entering the national phase are charged in accordance with domestic standards.

1. Points to note when completing the declaration of priority claim
When declaring a priority claim, the applicant must enter the date of the earlier application, the number of the earlier application, and the name of the original receiving office in Box 18 of the entry declaration; these details must be consistent with the priority claim particulars recorded in the latest internationally published text or the confirmed copy of the international application. If the applicant did not provide the application number of the earlier application during the international phase, this fact must be stated in the entry declaration.
Priority claims subject to a “Notification of Withdrawal of Priority Claim” (Form PCT/IB/317) or a “Notification that Priority Claim is Considered Not to Have Been Made” (Form PCT/IB/318) issued by the International Bureau shall be deemed to have lost their effect and must not be included in the entry declaration.
New priority claims may not be made upon entry into the Chinese national phase.

2. Payment of the priority claim fee
The fee for each priority claim is 80 RMB. The applicant must proactively pay the full amount within two months from the date of entry; failure to pay or to pay the full amount by the expiration of this period will result in the priority claim being deemed not made.

3. Correction of clerical errors in the written priority claim made during the international phase while in the Chinese national phase
If an applicant believes there is a clerical error regarding a particular item in the written priority claim submitted during the international phase, they may file a request for correction either at the time of completing entry formalities or within two months from the date of entry. The request for correction of priority must be submitted in writing and specify the corrected priority details. If the applicant has not previously submitted a copy of the earlier application documents to the International Bureau, they must attach a copy of the earlier application documents as the basis for the correction when filing the request.

4. Circumstances under which the applicant must submit proof of priority assignment
(1) Where the earlier application is a national application filed in China, if the applicant of the subsequent application differs from the applicant recorded in the copy of the earlier application documents, it is recommended that the applicant proactively submit proof of priority assignment signed or sealed by all applicants of the earlier application. The proof document must be an original or a notarized copy.

(2) Where the earlier application is a first application filed in a foreign country, and the international search report lists documents in the “PX” or “PY” categories, or the International Searching Authority fails to establish the international search report within 36 months from the priority date, the applicant of the later application may differ from the applicant recorded in the copy of the earlier application. In such cases—unless the applicant of the later application is one of the applicants of the earlier application, or has already made a compliant declaration regarding priority entitlement during the international phase (PCT Rule 4.17(iii))—it is recommended that the applicant proactively submit proof of priority right assignment signed or sealed by all applicants of the earlier application. The proof document must be an original or a notarized copy.

(3) If the applicant receives a notification from the Patent Office of the CNIPA requiring the submission of proof of priority right assignment, the applicant must submit such proof within the specified time limit.

5. Restoration of priority right
(1) Pursuant to Rule 128 of the Implementing Regulations of the Patent Law, where an international application claims priority and the international filing date falls within two months after the expiration of the priority period, and the restoration of the priority right has already been approved by the Receiving Office during the international phase, the Patent Office generally raises no further questions; the applicant is not required to undergo restoration procedures again upon entry into the national phase. Where the applicant did not request restoration of the priority right during the international phase, or requested restoration but the Receiving Office did not approve it, the applicant may—provided there is a legitimate reason—request restoration of the priority right within two months from the date of entry into the national phase. This involves submitting a request for restoration of the priority right, stating the reasons, and paying the fee for the request for restoration of rights and the priority claim fee; if a copy of the earlier application was not previously submitted to the International Bureau, a copy of the earlier application must also be attached.

(2) Where a situation under PCT Rule 26bis.2 occurred during the international phase and the International Bureau or the Receiving Office declared the priority claim to be considered not made, the applicant may request restoration of the priority claim within two months from the date of entry into the national phase and pay the fee for the request for restoration of rights and the priority claim fee. If the applicant had not previously submitted a copy of the earlier application to the International Bureau, a copy of the earlier application must also be attached as the basis for the restoration. The condition is that the relevant information regarding the priority claim—which is deemed not to have been made—was published together with the international application.

(3) Where, after entering the national phase in China, an international application is deemed not to claim priority due to any of the following circumstances, a request for the restoration of the right to claim priority may be filed in accordance with the provisions of Rule 6 of the Implementing Regulations of the Patent Law:
① The applicant failed to provide the application number of the earlier application during the international phase and also failed to specify said application number in the declaration for entry into the national phase.
② The declaration claiming priority was completed in compliance with the regulations, but the applicant failed to submit a copy of the earlier application document or proof of the assignment of the priority right within the prescribed time limit.
③ One or two of the following items in the declaration claiming priority—namely, the filing date of the earlier application, the application number, and the name of the original receiving Office—are inconsistent with the information recorded in the copy of the earlier application document.
④ The declaration claiming priority was completed in compliance with the regulations, but the fee for claiming priority was not paid or was not paid in full within the prescribed time limit. Except for the circumstances listed above, no restoration shall be granted if the priority claim is deemed not to have been made for other reasons.

1. Do bibliographic data change procedures need to be repeated upon entry into the Chinese national phase for changes already recorded by the International Bureau?
During the international phase, the International Bureau records changes—such as changes to the applicant (or their name, residence, nationality, or address) or the inventor (or their name) as listed in the Request—upon the request of the applicant or the Receiving Office, and notifies the designated Offices in writing. If the International Bureau has recorded the change and issued a “Notification of the Recording of a Change” (Form PCT/IB/306), there is no need to submit a declaration of change in bibliographic data or pay a handling fee for the change to the Patent Office of the China National Intellectual Property Administration (CNIPA); however, supporting documents must be submitted if necessary. Upon entry into the Chinese national phase, the changed bibliographic data should be used directly.

2. For which changes recorded by the International Bureau must the applicant submit supporting documents?
Pursuant to Article 121, Paragraph 1, Item (vi) of the Implementing Regulations of the Patent Law, if procedures for a change of applicant were completed with the International Bureau during the international phase, the applicant must, where necessary, provide evidence that the new applicant holds the right to the application. For example, where the right to the application is assigned by an entity or individual in mainland China to a foreigner, a foreign enterprise, or another foreign organization, the parties must submit a “Technology Export License” or a “Technology Export Contract Registration Certificate” issued by the competent commerce department of the State Council (or a “Technology Export Contract Registration Certificate” issued by a local competent commerce department), as well as the assignment contract signed or sealed by both parties.

For PCT international applications filed with the Patent Office of the China National Intellectual Property Administration (CNIPA) on or after July 1, 2022, any sequence listing included in the application documents must comply with the requirements of the WIPO ST.26 standard.
For details on the WIPO ST.26 standard, please refer to the World Intellectual Property Organization (WIPO) website at https://www.wipo.int.
Applicants must submit the sequence listing in a computer-readable form (XML format); for paper applications, the computer-readable sequence listing may be submitted on an optical disc. The sequence listing submitted by the applicant must be consistent with the international publication.

1. How to request a correction if the applicant believes there is an error in a notification, decision, or other document issued by the CNIPA Patent Office
If an applicant discovers an error in a notification, decision, or other document issued by the CNIPA Patent Office, they may submit a statement of observations specifying the name of the document containing the error and the nature of the error; the examiner will verify the information and provide a response or make a correction.

2. How to request a correction if the applicant discovers an error in the text of the national publication
If an applicant discovers an error in the text of the national publication, they may submit a request for correction of the error; the examiner will verify the information and provide a response or make a correction.
The request form for correction of errors can be downloaded from the official website of the CNIPA.

3. How to request a correction of errors regarding applicant or inventor details recorded by the International Bureau
If the error resulted from an obvious mistake made by the applicant when filing the international application, the applicant may correct it by completing the procedures for changing bibliographic data upon entering the Chinese national phase; a declaration made by the party concerned (applicant or inventor) may serve as supporting documentation for the change procedures. Where procedures for changing bibliographic data are carried out upon or after entry into the national phase, the provisions of Section 6.7.1, Chapter 1, Part I of the *Guidelines for Patent Examination* shall apply. 4. How to request the correction of errors made by the International Bureau
If an error made by the International Bureau—such as the issuance of an incorrect notification, an incorrect entry in the published international application, or a failure to issue a notification or make an entry—leads an examiner to issue a decision upon entry into the national phase (e.g., declaring the international application’s effect in China terminated, requiring a correction, or deeming the priority claim not to have been made), the applicant may request a correction of the International Bureau’s error within six months from the date the examiner issued the corresponding notification. Such a request may be submitted in the form of a “Statement of Observations.”
The applicant may also submit a request for correction of the error directly to the International Bureau.

1. Regarding amendments made during the international phase
If the applicant submitted amendments under Article 19 or Article 34 of the PCT during the international phase and wishes to use them as the basis for examination upon entering the Chinese national phase, they must explicitly indicate this in the “Statement on the Basis for Examination” section of the entry declaration. Additionally, when completing entry formalities, the applicant must submit the Chinese translation of said amendments no later than two months from the date of entry.

2. Regarding the correction of translation errors
Translation errors refer to instances where individual terms, sentences, or paragraphs in the translated text are omitted or inaccurate when compared to the original text transmitted by the International Bureau. Corrections in the form of “correcting translation errors” are not permitted in cases where the translated text differs significantly from the original text transmitted by the International Bureau.

(1) If the applicant discovers errors in the Chinese translation of the submitted description, claims, or text within the drawings, they may voluntarily submit a request for correction within the following time limits:
① Before the Patent Office of the CNIPA has completed preparations for the publication of the invention patent application or the announcement of the grant of the utility model patent;
② Within three months from the date of receipt of the notification issued by the Patent Office of the CNIPA stating that the invention patent application has entered the substantive examination phase.
To correct translation errors, the applicant must submit a request for correction of translation errors, along with the corrected pages of the translation, and pay the prescribed fee for the correction of translation errors. The fee for correcting translation errors is 300 RMB if submitted before the Patent Office of the CNIPA has completed preparations for the publication of the invention patent application or the announcement of the grant of the utility model patent; the fee is 1,200 RMB if submitted within three months from the date of receipt of the notification stating that the invention patent application has entered the substantive examination phase.

(2) Where an examiner notifies the applicant to correct errors in the translation during the preliminary examination or substantive examination procedures, the applicant shall complete the formalities for correcting such errors within the time limit specified in the notification.

3. Regarding incorporation by reference
For international applications containing elements or parts incorporated by reference during the international phase, the applicant shall, when completing the formalities for entry into the national phase, submit a Chinese translation of the copy of the earlier application related to the incorporation by reference. Additionally, the applicant must correctly indicate in the entry declaration the location of the incorporated elements or parts within both the translation of the original application documents (or the original application documents filed in Chinese) and the translation of the copy of the earlier application documents (or the copy of the earlier application documents filed in Chinese).
Where the applicant claimed priority for the incorporated elements or parts during the international phase, but such priority fails to meet the requirements of Section 5.2.3.2 or Section 5.2.6, Chapter 1, Part III of the *Guidelines for Patent Examination* during the national phase, or where there is an obvious error in the Receiving Office’s approval regarding the incorporation by reference (e.g., the applicant failed to submit the copy of the earlier application documents as prescribed during the international phase), the applicant may, upon receiving a notification of correction from the examiner, request to amend the filing date in China to retain the incorporated elements or parts, or request to delete the incorporated elements or parts without amending the filing date in China. If the applicant requests to amend the filing date in China, the examiner shall redetermine the filing date of the international application in China based on the information recorded in the “Notification of the Decision on the Incorporation by Reference of Elements or Parts” (Form PCT/RO/114) transmitted by the International Bureau, and issue a notification of the redetermined filing date. Unless a request for restoration of priority is made in accordance with Section 5.2.5.1, Chapter 1, Part III of the *Guidelines for Patent Examination*, the priority claim shall be deemed not to have been made if the redetermined filing date falls more than twelve months after the priority date.

1. Telephone consultation
CNIPA Customer Service Center: 010-62356655

2. Online consultation
Website: http://www.cnipa.gov.cn (Interactive Communication section)

3. How to obtain information regarding entry into other countries:
As laws and regulations vary by country, please consult the *PCT Applicant’s Guide – National Phase* for details, or visit http://www.wipo.int, http://www.cnipa.gov.cn, or the official websites of the respective national patent offices.