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The Entry into the National Phase--Summary

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The Entry into the National Phase--Summary


Time limits applicable for entry into the national phase:1
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into:1, 2   Chinese

Required contents of the translation for entry into the national phase:1, 2
Under PCT Article 22: Request, description, claims (if amended, both as originally filed and as amended, if the applicant wishes the amendments to form the basis for the proceedings, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report, if the applicant wishes the amendments to form the basis for the proceedings)

Is a copy of the international application required?1, 2
The applicant should only send a copy of the international application if he/she has not received Form PCT/IB/308 and the China Intellectual Property Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2).
In the HKSAR, the applicant should send a copy of the international application as published by the International Bureau and a copy of the international application as published by the China Intellectual Property Office if the international application was not published in Chinese in the international phase.

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1 The People's Republic of China established the Hong Kong Special Administrative Region of the People's Republic of China (HKSAR) on 1 July 1997. The HKSAR operates an independent Patent Registry and all matters relating to the grant, administration or litigation in relation to patents are decided in Hong Kong according to the HKSAR's Patent Ordinance. Patents granted by the China Intellectual Property Office are not automatically protected in Hong Kong but the grant of a patent by the China Intellectual Property Office can form the basis for patents in the HKSAR. In order to obtain patents via the PCT, the applicant must designate China. See paragraphs CN.17 to CN.20 of the chapter concerning the China Intellectual Property Office in Volume II of the PCT Applicant's Guide for details of the national phase before the Intellectual Property Department (IPD) of
the HKSAR.

2 Must be furnished within the time limit applicable under PCT Article 22 or 39(1).

(1 December 2003)

National fee:3   Currency: Yuan renminbi (CNY)

For patent:
  Application fee:4   CNY 900
  Application publication fee:   CNY 50
  Fee for priority claims, per claim:4   CNY 80
  Maintenance fee, per year:5   CNY 300
  Examination fee:6   CNY 2,500

For utility model:
  Application fee:4   CNY 500
  Fee for priority claims, per claim:4   CNY 80

Exemptions, reductions or refunds of the national fee:3
No application fee is payable if the international application has been filed with the China Intellectual Property Office as receiving Office
The examination fee is reduced by 20% where an international search has been carried out by the Japan Patent Office, the Swedish Patent Office or the European Patent Office
The examination fee is reduced by 50% where an international search has been carried out by the China Intellectual Property Office
No examination fee is payable if the international preliminary examination has been carried out by the China Intellectual Property Office

Special requirements of the Office (PCT Rule 51bis):3, 7
Name of the inventor if it has not been furnished in the "Request" part of the international application8
Instrument of assignment of the priority right where the applicants are not identical8
Instrument of assignment of the international application if the applicant has changed after the international filing date
Appointment of an agent
Translation to be furnished in two copies
Evidence concerning exceptions to lack of novelty if the applicant claims such exceptions in respect of an international application
Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in computer readable form

Who can act as agent?3
Any of the patent agencies designated by the Office. A list of patent agencies may be obtained from the Office.
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3 See footnote 1.
4 This fee is due within the time limit applicable under PCT Article 22 or 39(1).
5 This fee is due within 25 months from the international filing date; where PCT Article 39(1) applies, it is due within 30 months
from the priority date if that time limit expires later.
6 This fee is due within three years from the priority date.
7 If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to
comply with the requirement within a time limit fixed in the invitation.
8 This requirement may be satisfied if the corresponding declaration has been made in accordance with Rule 4.17.


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