Prioritized Examination of Patent Applications

Since August 1, 2017, CNIPA has implemented prioritized examination under the “Measures on Patent Priority Examination Management” to accelerate the review of specific patent applications.

Eligibility criteria include:

1. Applications in strategic industries such as energy conservation, AI, biotechnology, new energy vehicles, etc.
2. Applications promoted by local governments.
3. Technologies with rapid product or version turnover (e.g., cloud computing, big data).
4. Patents already being implemented or under threat of infringement.
5. First-filed Chinese applications also filed internationally.
6. Patents of high national or public interest.

Conditions for submission:

• The application must be submitted electronically.
• Invention patents must have entered the substantive examination phase.
• All applicants must consent.
• No simultaneous utility model filings on the same day.

Required materials:

• “Request Form for Prioritized Examination,” with recommendation if required.
• Information on prior art (e.g., first page of patent publications, relevant journal content).
• Documentation proving eligibility.

Update (Oct 2025): CNIPA mandates XML format for all electronic prioritized examination requests, including accelerated, deferred, and PPH cases (source).

Digital Access Service (DAS)

The Digital Access Service (DAS) by WIPO enables the secure electronic exchange of prioritized documents between IP offices, streamlining the application process.

CNIPA’s DAS features:

• Enables submission or retrieval of electronic prioritized documents.
• Eliminates the need for physical copies.

Request procedures:

• Access CNIPA’s electronic application platform.
• Submit a “Digital Access Service (DAS) Request Form.”
• Choose between “Deposit Request” (to upload a document) or “Search Request” (to retrieve one).

Required info for Search Requests:

• Office of first filing
• Application number
• Filing date

Common office codes and formats:

• EP (Europe): 16000312.3
• JP (Japan): 2010-001234
• KR (Korea): 10-2011-0123456
• US (USA): 98/012,357
• IB (WIPO): PCT/IB2025/123456

One-Stop IP Protection Services

Update (2025): CNIPA’s integrated IP protection centers now handle pre-examination, PPH, prioritized examination, and licensing services. In 2024 alone, these centers processed over 84,000 prioritized requests (source).

System Enhancements

Update (Jan 2023): CNIPA unified platform now supports online filings, fee payments, and prioritized requests via mobile and desktop (source).

Conclusion

The prioritized examination and DAS systems are vital tools for securing timely protection of innovative technologies. By leveraging these fast-track services and staying informed on CNIPA’s latest digital upgrades and documentation requirements, applicants can better navigate China’s patent landscape.

For assistance, consult experienced patent agents familiar with CNIPA’s updated XML and digital filing systems.

Disclaimer