China Patent Filing for Foreign Companies: Invention, Utility Model, Design

ZYL Law Firm coordinates China patent filings for foreign companies: invention patents (20-year term), utility models (10 years, preliminary examination only), and design patents (15 years). Applications can claim Paris Convention priority within 12 months (6 months for designs) or enter China from a PCT application within 30 months of priority (32 months with a surcharge). Filings are submitted through a licensed Chinese patent agency we partner with, after a translation and claims review by our team. Fees are quoted per matter in writing.

Reviewed by Yaling Zhou (licensed in China, New York, and Connecticut) and Lilan Zhu (PRC patent attorney qualification) · Rules reviewed: 2026-10-18

Which type of protection fits?

Invention patentProducts, processes, and methods. Substantive examination; 20 years from filing. The main protection for core technology.

Utility modelThe shape or structure of a product. Preliminary examination only, so usually granted faster; 10 years from filing. Useful for products with short life cycles.

Design patentThe appearance of a product, including partial designs. 15 years from filing. China is also a member of the Hague system for international designs.

Invention + utility modelChinese law allows filing both on the same day for the same invention: the utility model protects you early, and you give it up when the invention patent is granted.

Routes into China

PCT national phaseEnter China within 30 months of the priority date, or within 32 months with a surcharge. A Chinese translation of the application is required at entry.
Paris ConventionFile in China within 12 months of your first filing (6 months for designs) and claim priority.
Hague (designs)Designs filed internationally under the Hague Agreement can designate China.
Inventions made in ChinaIf any of the invention was completed in China, a confidentiality examination is required before filing abroad. Tell us where the R&D took place.

Why the translation decides the patent

The Chinese text is examined.Amendments must stay within the scope of the application as filed, so terms lost or narrowed in translation are hard to recover later.
Claim terms must be consistent.We check that each claim term is translated the same way throughout and supported by the description.
Coordinated with the U.S. case.When you also file in the United States, we align claim strategy and track prior art cited in each office.

How we work

Who filesChinese filings are submitted through a licensed Chinese patent and trademark agency that we partner with. ZYL Law coordinates the matter in English and reviews the work before filing. Chinese law requires foreign applicants to act through a licensed agency.
What you receiveFiling receipt, examination reports, and Office Actions reported in English with a recommended response.
FeesQuoted per matter in writing: professional fee, translation (by length), and CNIPA official fees listed separately.

Who works on your China matter

Yaling Zhou

Licensed in China, New York & Connecticut

Led foreign-client work at a Chinese IP firm for over ten years, handling thousands of trademark filings, reviews, oppositions, and disputes.

Lilan Zhu

PRC patent attorney qualification (专利代理师)

Eight-plus years of foreign-related patent practice; handles China patent filings, Office Action responses, and PCT entry into China.

Jingwei Sun

PRC lawyer · California attorney

Tsinghua Law graduate; coordinates Chinese copyright, commercial matters, and litigation counsel.

Tao Wang

Overseas IP consultant

Former GE global patent operations; over 5,000 international IP matters. Advises on portfolio strategy and cross-border enforcement.

Frequently asked questions

How long do I have to enter China from a PCT application?

Thirty months from the priority date. Entry is still possible within 32 months if a surcharge is paid.

What is the difference between a utility model and an invention patent in China?

A utility model protects product shape or structure for 10 years and is granted after preliminary examination. An invention patent covers products and methods for 20 years and is substantively examined.

Can I file a utility model and an invention patent for the same invention?

Yes, if both are filed on the same day and the overlap is declared. The utility model gives early protection, and it is given up when the invention patent is granted.

Do I need to translate my application into Chinese?

Yes. Applications are examined in Chinese, so the translation defines what can be protected. We review it before filing.

Who files the application?

A licensed Chinese patent agency we partner with, as Chinese law requires for foreign applicants. ZYL coordinates in English and reviews the work.

How much does a China patent application cost?

Each matter is quoted in writing. Professional fees, translation, and CNIPA official fees are listed separately.

Primary sources

Platform rules, deposits, and fees change; confirm against your notice and the current platform rules before acting.

Attorney Advertising. This page is general information, not legal advice, and does not create an attorney–client relationship. ZYL Law Firm LLC is a U.S. law firm and does not practice PRC law. Chinese patent and trademark filings are submitted through a licensed Chinese agency we partner with, and Chinese litigation is handled by PRC-licensed lawyers through a Chinese law firm; ZYL coordinates the matter in English and reviews the work before filing. Fees are quoted per matter in writing, with official and third-party fees listed separately. No one can guarantee how an examiner or court will decide, and prior results do not guarantee a similar outcome. Engagement is subject to a conflict check.

Plan your China patent filing

Send the application or PCT number, your priority date, and the products you sell in China to patent@zyllaw.com. We confirm the deadline and send a written quote before anything is filed.

Email patent@zyllaw.com U.S. patent services