New developments regarding CNIPA-EPO Pilot Programme

​Since the launch of the CNIPA-EPO Pilot programme on December 1, 2020, it is possible, under certain conditions, to select the European Patent Office as International Search Authority (ISA) for international patent applications filed by Chinese residents or nationals.

The main conditions for participating in the CNIPA-EPO pilot programme are that:

• at least one of the Applicant is a Chinese national or resident if the application was filed with the CNIPA as receiving office ; or
• if the application was filed at the International Bureau as receiving office:
  • all applicants are nationals of China and have a place of residence in China or in one of the seven countries where the EPO cannot be designated as ISA (United Arab Emirates (AE), Australia (AU), Canada (CA), Dominica (DM), Democratic People’s Republic of Korea (KP), Republic of Korea (KR) and Papua New Guinea (PG)) ; or
  • all applicants are nationals of one of the seven countries where the EPO cannot be designated as ISA and have a place of residence in China;
• the international application is filed in English; and
• the international search fees are paid as explained below.

The pilot’s capacity is limited to 3 000 applications per year.

For applications before December 1, 2024, the international search fee must be paid in Euro directly to the EPO.

In the context of the new phase of the pilot programme starting on December 1, 2024, for applications filed from December 1, 2024, the international search fee must be paid directly in Chinese Yuan at the CNIPA.

This new phase of the pilot programme simplifies the process for Chinese nationals and residents by allowing fee payments in local currency, making it easier to obtain international searches and written opinions from the EPO.

This IP Alert is for information purposes only and does not constitute legal advice.