China is one of the high-potential markets that entrepreneurs are keen to conquer. Filing for a patent in China is a specific formality, but it is entirely possible. Here’s a closer look at how an inventor in France can register a patent in China.
CNIPA: China National Intellectual Property Administration
China’s CNIPA is the leading administrative body for intellectual and industrial property. CNIPA registers trademarks and patent applications.
As with theINPI in France, the CNIPA receives applications and carries out examination phases specific to industrial property law in China. While the procedures are relatively similar, there are subtleties between countries that require the support of an IP professional.
When SIPO became CNIPA
In 2018, SIPO (State Intellectual Property Office of China) became CNIPA (China National Intellectual Property Administration). Indeed, since March 2018, CNIPA is no longer dependent on the Chinese State Council.
The CNIPA now handles procedures for the protection of both inventions and trademarks. Previously, this part was handled by the SAIC (State Administration of Industry and Commerce).
Exporting to China: real potential
French exports to China in 2017.
| Sector | Share of exports in 2017 |
| Aeronautics | 34 % |
| Equipment / machines | 19 % |
| Food industry | 13 % |
| Chemicals, perfumes, cosmetics | 10 % |
| Pharmacy | 6 % |
| Clothing, footwear | 4 % |
| Metallurgical and metal products | 4 % |
| Non-aeronautical transport | 3 % |
| Other | 7 % |
Source: Report by the French Embassy (China), Service Économique Régional, “Trade relations between France and China in 2017 (French customs)”.
For a company, having Chinese patents is undoubtedly a real asset on the international market.
How does filing a patent in China work?
To apply for a patent in China, you can file an international patent application (PCT). This is an international procedure that allows you to apply in several countries at once, which will be chosen 30 months after the first application is filed.
As soon as you have filed a patent in France, start your international PCT application as soon as possible. Indeed, 12 months after filing your French patent, you will no longer be able to extend your application to other countries. This decision should be taken in the light of your ambitions for international growth, and the countries in which you wish to obtain protection for your invention.REMINDER
A patent is a national industrial property title. Even if there are procedures in place to speed up your applications, it remains a title issued by country. Only the European patent provides protection for an invention in several countries at once.
Read more : Is it possible to file a worldwide patent?
For China, you must choose this country at the end of the PCT procedure, or apply directly to CNIPA. The procedure requires you to translate the patent text, hire a local patent attorney, and pay filing and examination fees.
How much does it cost to register a patent in China?
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Point of vigilance
It is extremely important that you adhere strictly to the deadlines involved in your international patent application. The procedure is highly codified, and failure to meet the deadlines may simply result in the cancellation of your plans to obtain a patent. For example, if you do not choose a country in which to extend your patent within 30 months, only your original French patent will be retained. Note that only the office in the country where the application is made can grant your patent.
