China

China is a party to various intellectual property (IP) treaties and a member state of the World Intellectual Property Organization (WIPO). In addition, its national IP office, China National Intellectual Property Administration (CNIPA), participates in various worksharing and other cooperative programs with the USPTO. Below are helpful resources with information about China's participation in these treaties and programs. For further information on China's IP system, please see the China IPR Toolkit.

Treaties that help facilitate IP filings

Paris Convention (possibility of securing “priority” for overseas IP filings)

Under certain conditions and on fulfilling certain requirements, an application for patent, trademark, or design right filed in China may be entitled to the benefit of the filing date of a prior application filed in the United States. A claim for benefit of a trademark or design application must be made within six months of the U.S. filing date. A claim for benefit of a patent application must be made within 12 months of the U.S. filing date.

Patent Cooperation Treaty (international patent applications)

The Patent Cooperation Treaty (PCT) is an international agreement, which makes it possible to request patent protection in multiple countries through the filing of a single “international” patent application. China, like other Contracting States, has particular requirements for obtaining a patent in its territory through the PCT. For more information, see CNIPA's How to File PCT Application and the WIPO National Phase PCT Applicant's Guide for China.

Hague Agreement (international design patent applications)

The Hague Agreement entered into force in China on May 5, 2022. The Hague Agreement offers the possibility of obtaining protection for up to 100 industrial designs in designated member countries and intergovernmental organizations by filing a single international application in a single language. For more information, see China Joins the Hague System.

Madrid Protocol (international trademark applications)

A trademark owner may be able to use its USPTO trademark application or registration as the basis for obtaining trademark protection in China through the Madrid Protocol. Visit WIPO to file an international application.

Worksharing and other cooperative arrangements

Patent Prosecution Highway (accelerated examination)

The USPTO participates with the CNIPA in the IP5 Patent Prosecution Highway. When an applicant receives a final ruling from the USPTO that at least one claim is allowed, the applicant can request fast track examination of corresponding claim(s) in a corresponding patent application that is pending at CNIPA, and vice-versa.

Priority Document Exchange (electronic transmission of certain filing documents)

The USPTO and CNIPA participate in WIPO Digital Access Service (DAS), which allows the free, electronic transmission of certain filing documents between IP offices. It automates the provision of priority documents to offices of second filing, which is generally required to obtain the “right of priority” under the Paris Convention. For more information, see USPTO-CNIPA Electronic Document Exchange.

Global Dossier (display of information about patent applications in multiple countries)

Global Dossier is a tool that allows applicants to view information, at a single location, about patent “family” member applications that are pending in different IP offices. Chinese patent application search and examination documents can be viewed through Global Dossier. See the USPTO's Global Dossier webpage for more information.

TM5 ID List (harmonized multi-country list of descriptions of goods and services)

One critical component of any application to register a trademark is the identification of goods and services (the “ID”). The ID enumerates the goods and/or services on which, or in connection with which, that trademark is used. Trademark offices in different countries may have different standards as to which sorts of IDs are acceptable for inclusion in an application. As a result, trademark owners who want to obtain protection for the same trademark in multiple countries potentially have to create unique IDs for each of them. To lessen that burden, the USPTO leads an ongoing effort, in cooperation with its counterparts in the Trademark Five or “TM5” forum, including the CNIPA, to maintain a pre-written “pick list” of IDs (the TM5 ID List) that will be accepted in the trademark offices of numerous countries, including CNIPA. IDs that are included in the TM5 ID List have a “T” in the TM5 column in the USPTO's Trademark ID Manual.

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