CNIPA’s revised Measures for Prioritized Examination of Patents (Order No. 85) took effect on September 1, 2026. New requests follow the revised rules; requests submitted earlier remain governed by the 2017 measures. The revised framework defines eligible applications and cases, recommendation and filing requirements, and processing periods. Priority examination is subject to approval and does not guarantee a patent grant. U.S. applicants should assess eligibility, the correct filing channel, and their ability to meet the shorter response periods before requesting it.
What Changed on September 1, 2026
CNIPA published Order No. 85 on July 30, 2026, and it took effect on September 1, 2026. The new measure repeals the 2017 patent priority examination rules and reorganizes the framework into six chapters covering general provisions, applicability conditions, request procedures, review and examination processes, supervision, and supplementary provisions.
A separate implementation notice, issued August 26, 2026, clarifies the transition. Requests submitted on or after September 1, 2026 are handled under Order No. 85. Requests already filed before that date continue under the old 2017 measure. This transitional rule matters because an applicant who filed just before the effective date cannot automatically rely on the new eligibility or processing rules.
Order No. 85 applies to requests filed on or after September 1, 2026
Requests filed before September 1, 2026 remain under the 2017 measure
The 2017 measure is simultaneously repealed
The new regime uses a revised Priority Examination Request form
Who Qualifies for Priority Examination
The new measure narrows and refocuses eligibility. For patent applications and reexamination cases, a requester must show important innovation value and prospects for transformation or use, and satisfy at least one of five listed circumstances.
The first circumstance concerns inventions involving emerging industries, future industries, or key core technology research. A second covers industries that a provincial or districted-city government particularly encourages. A third applies where the applicant has already commercialized the invention or is prepared to do so, or has evidence another party is implementing it. A fourth covers a Chinese application on the same subject matter where the applicant filed first in China and later requested substantive examination in another country or region — a route potentially relevant to U.S. companies with corresponding U.S. or PCT filings after a China-first application. A fifth is a residual category for other situations of major significance to national or public interest.
For invalidation cases, priority examination can be requested where the patent is involved in an infringement dispute with a local IP office or court action, or in certain CNIPA administrative adjudication or mediation proceedings such as major patent infringement disputes, drug patent dispute early resolution, or open license disputes.
Emerging or future industries and key core technology research
Industries encouraged by provincial or districted-city governments
Commercialized or commercialization-ready inventions, or evidence of third-party use
China-first application with later substantive examination abroad on the same subject matter
Other situations of major national or public interest
Service Deadlines for Examination and Invalidation
Article 15 measures the processing periods from the issue date of the notice granting priority examination, with an exception for difficult or complex circumstances. For invention applications, it provides for first processing within 45 days and conclusion within one year. Article 4 limits this route to invention applications in substantive examination for which first processing has not yet occurred. These are processing periods, not promises that an application will be granted.
Article 15 also provides for conclusion of utility model and design applications within two months, reexamination cases within seven months, invention and utility model invalidation cases within five months, and design invalidation cases within four months. The difficult-or-complex-circumstances exception applies. Applicants must also plan for the shortened response periods in Article 16.
Invention application: first processing within 45 days from the priority notice issue date
Invention application: conclusion within one year from the priority notice issue date
Design invalidation: conclusion within four months from the priority notice issue date
Invention and utility model invalidation: conclusion within five months from the priority notice issue date; difficult or complex cases are excepted
Filing Mechanics and Online Channels
The implementation notice directs that, from September 1, 2026, priority examination requests by parties in reexamination or invalidation cases must be filed online through the Patent Business System's patent-affairs module. The previous reexamination-invalidation module will no longer accept those priority examination filings.
All requests submitted on or after September 1, 2026 must use the revised Priority Examination Request form. CNIPA states the form update does not involve changes to client-side or electronic application data standards, which is a practical point for U.S. filers using Chinese agents or CNIPA electronic filing channels.
Reexamination/invalidation priority requests go through the patent-affairs module
Old reexamination-invalidation module no longer handles priority examination requests
Revised request form is mandatory from September 1, 2026
Old form is discontinued
No client or data-standard changes accompany the form update
Practical Checklist for U.S. Applicants
U.S. companies should first confirm the applicable procedure and eligibility ground. For application and reexamination requests, Article 5 requires important innovation value and prospects for commercialization or use, together with one of the listed circumstances. Recommendation requirements are a separate procedural question and cannot replace substantive eligibility.
Second, verify the recommendation and filing requirements under Article 11. Application requests generally require a recommendation from a relevant State Council department or provincial IP office, except for the specified China-first filing followed by foreign substantive-examination route. Party-filed reexamination and invalidation requests require a recommendation and use the online channel identified in the implementation notice.
Third, document the substantive trigger. If relying on parallel foreign substantive examination, preserve the filing record showing the China-first application and subsequent substantive examination request abroad. If relying on commercialization, prepare objective evidence of implementation or readiness.
Confirm at least one eligibility category under the new measure
Identify whether local IP office recommendation is required for your case type
Use the Patent Business System patent-affairs module for reexamination/invalidation
Use the revised request form and dispose of old templates
Preserve evidence of China-first filing and later foreign substantive examination if relying on that route
Document commercialization or implementation evidence if relying on that route
Confirm whether the file predates September 1, 2026 and therefore stays under the old measure
Limitations of This Guide
This guide summarizes Order No. 85, CNIPA’s explanatory note, and the implementation notice. The full measures also address circumstances in which priority examination is generally unavailable, termination of the expedited procedure, and consequences of false materials or other breaches of good faith. An individual application must be checked against all applicable conditions, rather than only the industry categories listed here.
Article 12 states that CNIPA does not charge an additional priority-examination fee beyond fees required under the Patent Law and its implementing regulations. This does not mean professional preparation, translation, or other agency work is free. Any service fee and later work require a separate written scope. The processing periods are not approval rates, and no grant or case outcome is guaranteed.
Check exclusions under Article 8 and termination grounds under Articles 17 and 18.
Use the current forms and applicable system instructions linked in the implementation notice.
Separate CNIPA official fees from professional service and translation charges.
Confirm the request date because the transition rule determines which measures apply.
Next Steps for U.S. Companies
Companies with pending China invention applications in substantive examination for which first processing has not yet occurred should ask Chinese counsel to assess eligibility and the recommendation requirements. For a request already filed, confirm whether it predates September 1, 2026 before applying the revised rules.
For reexamination or invalidation matters already in progress, verify that the request will be filed in the patent-affairs module and that the revised form is used. Counsel should also confirm whether any transitional issue applies to a request filed close to the effective date.
Review pending China applications for eligibility under Order No. 85
Confirm local IP office recommendation requirements with counsel
Prepare evidence for commercialization or parallel substantive examination routes
Update internal form libraries to the revised request form
Confirm filing channel for reexamination and invalidation matters
Monitor CNIPA practice updates after September 1, 2026
Sources checked September 7, 2026. This article is general information and does not provide advice for a specific application or dispute.
Authoritative sources
CNIPA Order No. 85: Measures for Prioritized Examination of Patents (2026)
CNIPA Explanation of Amendments to the Patent Prioritized Examination Measures
CNIPA Implementation Notice on the Patent Prioritized Examination Measures
Next step
China Standard Essential Patent Filing Guide 2026
China Trademark Filing in 2026
China IP Punitive Damages Interpretation 2026