China Priority Examination for Reexamination and Invalidation

CNIPA's revised Priority Examination Measures (Order No. 85) apply to requests submitted from 1 September 2026. Requests submitted earlier remain subject to the previous measures under CNIPA's implementation notice. Patent Prosecution Highway (PPH) and qualifying pre-examination through relevant protection centres follow their own rules; they should not be treated as the same procedure.

Example: a launch date may explain why speed matters, but counsel should separately identify the statutory ground and collect evidence supporting it. A pending infringement lawsuit may be relevant to invalidation, while the evidence needed for reexamination may be different.

1. Check the case and procedural history. The measures list circumstances generally excluded from priority, including cases already given priority or another accelerated examination in the same procedure. Assess the actual record before selecting the route.
2. Match evidence to the ground. For example, commercialisation documents or evidence of another party's implementation may support a relevant reexamination ground; evidence of a filed dispute may support a relevant invalidation ground. The appropriate proof depends on the case.
3. Arrange recommendation and consent. For requests by parties in reexamination or invalidation, Article 11 requires a recommendation signed by the relevant department under the State Council or a provincial IP office. Where there are multiple applicants, reexamination requesters or patentees, Article 9 requires the relevant group's unanimous consent.
4. Use the correct filing channel. The case must use the required electronic filing method. Since 1 September 2026, parties submit priority requests for reexamination or invalidation through the Patent Transaction Services module of CNIPA's patent business system, using the revised form.

For cases accepted for priority, Article 15 provides for reexamination to be concluded within seven months, invention and utility-model invalidation within five months, and design invalidation within four months, counted from issuance of the notice granting priority. Difficult or complex cases are an exception. These are procedural targets, not a promise of a favourable result or a guaranteed completion date.

Priority may be terminated in specified circumstances. For example, a delayed response in reexamination, or adding evidence and reasons after the priority notice in an invalidation request, can lead CNIPA to return the case to ordinary processing. Decide the substantive strategy and evidence plan early, and review Article 18 for the actual circumstances.

CNIPA states that it charges no additional fee for the priority request beyond fees required under patent law and its implementing rules. Local recommendation requirements and professional fees should be assessed separately.

Start with our reexamination deadline and evidence checklist, office action response service, and patent dispute support. The links below lead to earlier articles on The Patent Fixer; check current official sources and the individual file before relying on a time-sensitive rule.

Fixer IP can help foreign counsel review a rejection, evaluate claim and technical-effect strategy, and assess whether a priority request may be suitable under an agreed scope. The referring firm retains client control and final legal judgment. Send a redacted matter summary or email inquiry@fixer-ip.com.

Sources checked 3 November 2026: CNIPA Order No. 85 and CNIPA implementation notice (Chinese). This general information is not a case-specific legal opinion; eligibility and strategy depend on the full record and current rules.