Stay Ahead: Getting a Chinese Patent in Three Months?
April, 2024
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.
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.
1 It could be Notice of Allowance or First Office Action.
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.