A foreign patent application can be filed in China either through the Paris Convention route or PCT route and there is some slight difference under these routes in terms of required documents.

(I). Under Paris Convention Route

When filing an invention, utility model or design patent application under the Paris Convention Route, the following information and documents are required:

1. Instruction letter of the Client which shall attach following information:
     
      (a) Type of the patent for application, an invention, utility model or design application;
      (b) Title of the invention, utility model or design;
      (c) Name, address and nationality of the applicant and the inventor; 
      (d) The application date, number and country when foreign priority is claimed;
      (e) Indication whether the substantive examination shall be simultaneously requested or not if it is an invention application; and
      (f) A brief description on the use of the products if it is a design patent application
   
   
2. Application Documents which shall contain
   
   
   1. the Abstract, Abstract Drawing, Claims, Descriptions and Drawings of the Descriptions for invention or utility model patent application; and
   2.  the Drawings/photos of the product incorporated with the design (commonly, the seven views such as front view, back view, top view, bottom view, left view, right view and stereogram) for design patent application. In case of drawing, it shall not contain any shade lines and/or dotted lines.
                 
3. Power of Attorney duly signed by the Applicant. A scanned photocopy of the duly signed Power of Attorney is sufficient for filing the application and it is not subject to any notarization or consularization;
4. Certified Priority Document when the foreign priority is claimed. The certified priority document may be submitted  within three months after filing; and
5. Assignment duly signed if the applicant of the priority application is different from the applicant of the Chinese application.

(II).  Under PCT Route

If it is a PCT application, the certified priority document and assignment will not be required. Moreover, as all the necessary information and international publication document of the PCT application will be published on the PCT database of WIPO’s website, we do not need client sending us the bulky filing documents via courier or email since we can download all the necessary information and filing documents such as the Abstract, Abstract Drawing, Claims, Descriptions and Drawings of the Descriptions, etc. from PCT database, so for PCT application to enter into Chinese national phase, we will only need client providing us

(1)PCT application number; and

(2)Power of Attorney duly signed by all applicants.

Regarding the respective official fee and attorney fee for filing patent applications in China, please kindly click here for the Schedule of Minimum Charges for Chinese Patent stipulated by the All-China Patent Agents Association. Generally speaking, we offer 30% discount of the said Schedule of Charges for our service fees. The client is also encouraged to consult with us on the exact cost for the specific application by email: patent@chinapatent-trademark.com.