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China to Fully Require E-Filing Patent Application Documents Prepared in XML Format Starting From 1 January 2026

12/22/2025

China to Fully Require E-Filing Patent Application Documents Prepared in XML Format Starting From 1 January 2026

As reported in our September 3, 2025 Newsletter (https://www.leeandli.com/EN/NewslettersDetail/7503.htm), China will fully require submission of e-filing filing patent application documents prepared in XML format starting from 1 January 2026. The China Intellectual Property Administration (hereinafter referred to as "CNIPA"), on 12 November 2025, announced a Notice on the Comprehensive Implementation of Submitting Patent Electronic Documents in Extensible Markup Language (XML) Format (hereinafter "the Notice"), stating that, as of 1 January 2026 onwards, all patent application documents submitted via e-filing route (please see item (1) below) must be prepared and submitted in XML format.

(1) For invention, utility model patent, and design patent applications, the patent application documents that must be submitted in XML format include: (1) the request form submitted at the time of new filing; (2) the claims, specification, drawings, and abstract for filing invention and utility model patent applications; (3) design drawings or photographs and the brief description of the design for filing new design patent applications; and (4) the amendments of the aforementioned (2)-(3) documents submitted during the examination stage.

(2) For reexamination cases, the patent application documents that must be submitted in XML format include the amended claims, specification, drawings, abstract, as well as design drawings or photographs and brief description of the design that are submitted during the reexamination stage.

(3) For patent invalidation proceedings against invention and utility model patents, the patent documents that must be submitted in XML format include the amended claims submitted during the invalidation proceedings.

According to the CNIPA's aforementioned Notice of 12 November 2025, patent applicants and agencies are obliged to conduct proofread and must ensure the compliance of the XML formality of the submitted patent application documents. If there exists any error due to the XML formality conversion, the CNIPA shall accept appropriate supplement if sufficient evidence can be submitted to the CNIPA. The CNIPA has not announced how to implement the supplement procedure stated above and we will need to monitor its announcement in due course.

We will continue to monitor the implementation of this new system and share updates with our clients in a timely manner. Should you have any questions, please feel free to contact us.