Patents (China) [Q34]
8. Q: Will it still be possible for the applicant to have a PCT application entered into the national phase in China if the 30-month time limit prescribed under Article 22 or 39(1) of the Patent Cooperation Treaty has been expired?

Yes. There is a two-month grace period for the applicants to attend to the national phase filing in China. Where an applicant fails to go through the formalities for entering the national phase in China within the 30-month time limit, the applicant may proceed with entering the national phase within 32 months from the priority date, upon payment of the extra fee for later entry. There is no need for a statement in advance for using such a grace period before the expiration of the 30-month time limit.

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