Stay Ahead: Getting a Chinese Patent in Three Months?

The China National Intellectual Property Administration (CNIPA) has announced a significant development in the realm of patent prosecution: the initiation of the “PPH Improvement Initiative” in collaboration with key patent offices from the United States, Europe, Japan, and South Korea. This initiative aims to elevate the user experience of the Patent Prosecution Highway (PPH) by setting ambitious targets for the average cycle time of the first office action and the average cycle time for replying to applicants’ responses, both now set at three months starting from 2024.

Here’s a concise summary of the specific changes:

Timeline	Before	After
Average Cycle Time for First Notice1	Within Four Months	Within Three Months
Average Cycle Time for Replying to Applicants’ response	NA	Within Three Months

The PPH serves as an expedited patent examination pathway between different countries or regions, facilitating quicker patent examination processes through shared work among patent examination authorities. Since its inception in November 2011, CNIPA has established PPH cooperation with patent offices in 32 countries or regions.

In order to enhance the predictability of PPH application examination timelines, ongoing discussions among the IP5² have led to this initiative. Initially proposed by Japan and the United States, China’s active participation underscores its commitment to this policy. Ideally, receiving a notice of grant within three months (or even shorter) is now within reach.

For enterprises aiming to penetrate global markets, this improvement policy promises to make examination timelines across different countries more predictable. It is anticipated that this will enable companies to manage their intellectual property systematically and strategically expand into the global market.

If you would like to have more information on this matter or would like to have our advice, please feel free to contact us at eip@eipgroup.asia.

Eagle IP is a top-tier boutique patent firm with a unique mix of experienced US and Chinese patent professionals with significant cross-border knowledge and experience. Our technically expertise covers wide range of technologies including, but not limited, to life sciences, biotechnology, medicine, pharmaceuticals, material and environmental science, chemistry and consumer electronics. We have years of experiences in drafting and prosecuting patent applications involving biological deposits, sequence listings, small and large molecules, drug discovery and development, material science, software and engineering, and many others.

This article is for general informational purposes only and should not be considered legal advice or a legal opinion on a specific set of facts.

About the Authors

1. It could be Notice of Allowance or First Office Action.
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2. IP5 is a forum of the five largest intellectual property offices in the world. The five patent offices are the US Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the National Intellectual Property Administration (CNIPA formerly SIPO) in China.
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