CNIPA's new Measures for Prioritized Examination of Patents (Order No. 85) take effect September 1, 2026, and replace the 2017 rules. The regime allows qualifying invention patent applications to receive a first office action within 45 days and reach a conclusion within one year, with no additional fee beyond statutory charges. However, eligibility is now more tightly targeted at emerging and future industries, key core technologies, locally encouraged industries, and applications with demonstrated commercialization or parallel foreign substantive examination. U.S. applicants must file through the Patent Business System using revised forms and, for reexamination or invalidation matters, use the patent-affairs module specifically.
What Changed on September 1, 2026
CNIPA published Order No. 85 on July 30, 2026, and it becomes effective 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The 2017 measure is simultaneously repealed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
For a qualifying invention patent application in substantive examination, the measure requires a first office action within 45 days and a conclusion within one year after the priority examination request is approved. The text states these as service commitments for the expedited channel.
For design patent invalidation cases where priority examination is granted, the measure specifies a conclusion within four months. The supplied text does not include a corresponding four-month or other deadline for utility model invalidation or for invention invalidation in this source material, so readers should verify those case types against the full measure text and practical CNIPA guidance.
Invention application: first action within 45 days of approval
Invention application: conclusion within one year of approval
Design invalidation: conclusion within four months
No deadline for utility model invalidation stated in the supplied evidence
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 whether the application falls within one of the enumerated eligibility categories. Because CNIPA's explanation emphasizes a focus on emerging and future industries and key core technologies, a generic commercial rationale may be insufficient without a provincial recommendation or demonstration of commercialization or parallel examination.
Second, verify the procedural channel. For ordinary application priority requests, confirm with Chinese counsel whether the request goes through a local IP office recommendation, and for reexamination or invalidation matters, ensure the filing is made in the patent-affairs module of the Patent Business System with the revised form.
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 article is based on three official CNIPA documents: Order No. 85, the explanatory note, and the implementation notice. The source evidence is high-level and does not include the full text of every article, the complete list of ineligibility circumstances, the precise document attachments, or the detailed operating manual referenced in the implementation notice.
The supplied evidence does not state the exact service fee or total cost for priority examination beyond confirming that priority examination carries no additional fees beyond statutory ones. It also does not provide historical approval rates, average processing times in prior years, or case-level examples. Any reader needing those details should consult the full Chinese text and local CNIPA practice guidance.
Only three official CNIPA sources were available for this guide
Full text of all 24 articles is not reproduced in the evidence
The implementation notice's attachments are not included in the source evidence
No pricing, approval-rate, or case-outcome data is supplied
Ineligibility circumstances are referenced but not fully itemized in the evidence
Next Steps for U.S. Companies
Companies with pending China invention applications that are waiting for substantive examination should ask Chinese counsel to assess eligibility under the five circumstances and confirm the correct filing channel before September 1, 2026, or immediately after if the file was filed on or after that date.
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
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