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 Part V, Chapter 7, Section 8). First, the amendment added the provision that "the request for deferred examination of utility model patents shall be submitted by the applicant at the same time as the submission of the utility model patent application. The deferment term is 1 year from the date of effectiveness of the deferred examination request." Second, the provisions on deferred examination of design patents have been revised to "the deferment term is in months, and the maximum deferment term is 36 months from the date when the deferred examination request takes effect." Third, the amendment added the procedure for withdrawing the request for deferred examination, that is, "before the expiration of the deferment term, the applicant may request to withdraw the request for deferred examination. If it meets the requirements, the deferment term will be terminated and the patent application will be examined in order."

This is an important reform of the patent examination system, which can more effectively protect the interests of patent holders. Deferred examination has many benefits for applicants as follows.

(1) With the deferment, the applicants will have more time to amend the claims based on the latest technological improvements, market competition conditions and changes in the standardization process, thereby making the protection scope of patents more accurate and targeted. Additionally, the applicant can also use this approach to confuse and deter competitors, making them in a wavering state of mind, so as to gain valuable competitive time, continuously expand the gap between their products and those of competitors, and win market competition.

(2) The deferment provides the applicant with an opportunity to enjoy the convenience brought by the latest patent examination policies, such as supplementing experimental data, computer storage media, and program product protection. The applicant can decide whether to proceed with the patent prosecution based on the market situation of the product, thereby avoiding the cost of unnecessary patent prosecution.

(3) For design patents, by utilizing the well-calculated deferred examination, the design patent can be disclosed after the relevant product is launched/released on the market. The main purpose of this method is to avoid early exposure of design details before the product is released, and to prevent competitors/copycats from copying the design.

Q&As about deferred examination

1. Will it incur any charges to request "deferred examination"? 

There is no official charge for requesting deferred examination.

2. "Who" can file a "deferred examination" and "when"? 

The request for deferred examination of patent applications should be filed by the applicant of the patent applications. For inventions, the request should be filed at the same time as the request for substantive examination. For design patents and utility models, the request has to be made at the time of filing the application. (see the table below)

3. How long is the term for deferment? 

The deferment term for invention patent applications could be 1 year, 2 years or 3 years from the date on which the request for deferred examination takes effect. The request for deferred examination of invention patent applications takes effect from the date on which the request for substantive examination takes effect. For utility model, the term is just 1 year. For design patent, the term is in months, up to 36 months.

4. How to withdraw the request for deferred examination?

Before the expiration of the deferment term, the applicant can request to withdraw the request for deferred examination. If it complies with the regulations, the deferment term will end and the patent application will be examined in order