Navigating the complexities of patent application processes can be daunting, especially when it comes to correcting the application date and understanding the various stages of patent processing. This article provides a comprehensive guide for those seeking clarity on these matters, including recent China National Intellectual Property Administration (CNIPA) updates as of 2025.

Determining the Application Date

• Direct submission: The date the patent office or agency receives the documents.
• Mailed applications: The postmark date applies. If unclear, the receipt date at CNIPA is used.
• Courier delivery: Date of receipt by CNIPA.
• Improper delivery (to wrong departments or individuals): Date received by proper receiving office.
• Electronic submissions: Date when files are received by CNIPA’s electronic system.

Correcting the Application Date

If the acceptance notice’s application date is incorrect, a correction request must be submitted within two months of filing or one month from receiving the notice. Proof must include:

• Original mailing receipt with registration number

Payment of Application Fees

Application fees must be paid within two months of filing or 15 days from acceptance notice.

How to Pay:

1. In person at CNIPA or agency.
2. Bank transfer:
   • Bank: CITIC Bank Beijing Zhichun Road Branch
   • Acct: 7111710182600166032
3. Postal transfer:
   • Payee: CNIPA Patent Office Fee Department
   • Merchant Customer #: 110000860
4. Online: CNIPA e-Filing Platform

May 2025 Update: CNIPA now supports XML file uploads for opinion responses and document amendments via its electronic platform.

Patent Processing Stages

• Invention patents: Acceptance → Preliminary Exam → Publication → Substantive Exam → Authorization
• Utility Model & Design patents: Acceptance → Preliminary Exam → Authorization

Amending Application Documents

Invention Patents:

• Amend during substantive examination request
• Amend within 3 months of entering substantive exam phase

Utility Model & Design:

• Amend within 2 months of filing date

Responding to CNIPA Notices

1. Address each issue and reply within time limits.
2. Correct formal defects via correction forms.
3. Amendments must stay within original scope.
4. Format:
   • Correction form for procedural issues
   • Opinion statement for substantial changes or disagreements

XML submission supported for these documents via CNIPA’s updated e-filing portal.

Rejection & Re-examination

• Apply for re-examination within 3 months of rejection.
• Include:
  • Re-exam request form
  • Supporting documents
  • Joint application by all applicants
• If dissatisfied, file a lawsuit within 3 months of decision.

Patent Registration Procedures

• Upon receiving authorization notice, complete registration within 2 months.
• Pay registration fee and annual fee for grant year.
• Late or missed payment = forfeiture of rights

Maintenance of Rights

• Annual fees due by year’s end
• Grace period: 6 months + late fees
• Missed payment = termination at previous year’s end

Termination of Rights

1. Expiry: 20 years (invention); 10 years (utility/design)
2. Non-payment of annual or late fees
3. Voluntary abandonment

Restoration of Rights

Request within 2 months of CNIPA’s decision. Submit:

• Restoration form
• Explanation of missed deadline
• Required fees + overdue documents/actions

Declaration of Invalidity

Any party may request invalidation of a granted patent post-authorization. Submit to CNIPA’s Re-examination and Invalidation Department.

CNIPA Efficiency & Draft Revisions (2025)

• Avg. invention patent examination time: now 15.6 months (as of Oct 2024)
• Draft guideline revisions: underway as of April 2025

Stay alert for changes to response deadlines and re-examination practices.

Contact & Resources

• Phone: 010-62086383
• Email: cpquery@cnipa.gov.cn
• Online: CNIPA e-Filing
• Regulations: CNIPA.gov.cn – Policy Section

Conclusion

Understanding application timing, correction procedures, and official responses is key to securing and maintaining patent rights. With new CNIPA capabilities such as XML filing, faster examination, and evolving fee structures, applicants should stay proactive and consult professionals when necessary.

Disclaimer