China’s National Intellectual Property Administration has released revised measures governing its patent priority examination system, with foreign applicants effectively excluded from accessing the process.
CNIPA published the revised Measures for Administration of Priority Examination of Patents, designated Order No. 85, on 30 July 2026, with the rules taking effect on 1 September 2026.
The updated measures replace the previous Administrative Measures for Patent Priority Examination introduced under Order No. 76, which was promulgated on 27 June 2017.
Priority examination is available for invention patent applications in the substantive examination stage, utility model and design patent applications, re-examination cases, and invalidation cases.
For invention patent applications, eligibility requires meeting at least one of several conditions, including involvement in emerging industries, tackling key core technologies, or relating to areas encouraged by provincial or municipal governments.
Applicants may also qualify if they have already industrialised an invention or prepared to do so, or if there is evidence others are already implementing the invention without authorisation.
A key provision under Article 11 states that the priority examination request form must be accompanied by a recommendation from the relevant competent department of the State Council or the provincial intellectual property office.
This requirement effectively bars foreign entities from using the system, as they are unlikely to obtain such a governmental recommendation from Chinese authorities.
Several potential workarounds have been identified, including filing through a Chinese-incorporated subsidiary or filing in the name of a Chinese entity before reassigning to a foreign party, though each carries significant risks or has a poor track record of success.
Where priority examination is approved, CNIPA must process an invention patent application for the first time within 45 days and complete examination within one year.
Utility model and design patent applications must be concluded within two months, re-examination cases within seven months, and invalidation cases for invention and utility model patents within five months.
Applicants whose requests are granted must respond to examination notices within one month for invention patents and within 15 days for utility model or design patent applications.
CNIPA retains the right to terminate priority examination and revert to ordinary procedure if applicants submit false materials or engage in conduct that violates the principle of good faith.
The revised measures also introduce stricter oversight of provincial intellectual property offices, which must ensure their recommendation processes are fair, just, open, and transparent when handling priority examination requests.