Introduction To The Deferred Examination System In Chinese Patent Applications

Concerning patent applications, some of the most frequently-asked questions for patent attorneys are such as "how to speed up the examination?", "how to expedite the allowance?", and "how to save costs?". The common ways to accelerate patent examination include Accelerated Examination (AE), Prioritized Examination (Track One), Patent Prosecution Highway (PPH), and PACE (Program to Accelerate Patent Applications, for European patent applications). However, in some scenarios, applicants may want to postpone examination and publication to meet their special needs. This article will introduce the "deferred examination" system in Chinese patent applications.

The "Guidelines for Patent Examination" implemented in 2019 first introduced the concept of deferred examination system for invention and design patent applications. The recently-amended "Guidelines for Patent Examination", which came into force in 2024, improved the relevant provisions on deferred examination (see