Source:China IP News
In 2024, China celebrates the thirtieth anniversary of accession to the Patent Cooperation Treaty (PCT).
Over the past three decades, China has aligned its domestic legal framework with PCT international standards, continuously refining it. In 1993, China submitted its accession document to the PCT, and on January 1, 1994, the Provisions on the Implementation of PCT in China took effect. To better integrate with the PCT system, China's Patent Law and its Implementation Regulations have been undergone multiple revisions, providing broader, stronger legal protection for both domestic and foreign innovators.
China's PCT examination capabilities have significantly advanced over these 30 years. The CNIPA has established a three-tier quality assurance system at the administration, department, and division levels, based on a PDCA (Plan-Do-Check-Act) quality management cycle to maintain examination quality. Furthermore, the CNIPA submits an annual PCT quality report to the WIPO, has a dedicated patent examination evaluation platform, and commissions third-party surveys on user satisfaction with PCT services, with user satisfaction consistently reaching new highs.
Strengthening the PCT examiner team has been key to ensuring quality and efficiency. The number of PCT examiners at the CNIPA has steadily risen, reaching 4,944 in 2023. These international and inter-disciplinary examiners, who pass advanced search proficiency and PCT certification tests, possess multilingual skills, forming the backbone of China's PCT examination team.
China has played an active role in global IP governance within WIPO's framework, steadily expanding international cooperation and opening new chapters in PCT development.
Since China's patent documents were included in the PCT minimum documentation in July 2012, the CNIPA has signed a memorandum of understanding with the WIPO in 2021 and adopted the RMB as the pricing and settlement currency for PCT-related international fees. In 2023, the CNIPA pioneered the full digital examination and processing of PCT international-stage documents, advancing reforms in the PCT international publication system. All of these show that China contributes its wisdom and strength to the development of the PCT system.
During this period, the CNIPA has strengthened PCT cooperation, establishing Patent Prosecution Highway (PPH) partnerships with 33 countries or regions. Of these, more than 20 include expedited national-stage examination based on PCT international-stage results (PCT-PPH). Additionally, the CNIPA has become the International Searching Authority and International Preliminary Examining Authority for PCT applications of 12 countries, including India and Saudi Arabia, supporting patent protection for applicants from these countries.
