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2026 Statistics
Key Facts: PAQE Exam
20/10/15
Patent terms (years) for invention/utility model/design
Patent Law Article 42
5x
Maximum punitive damages multiplier
Patent Law Article 71 (4th Amendment)
RMB 30,000-5,000,000
Statutory damages range
Patent Law Article 71
6 months
Grace period preserving novelty
Patent Law Article 24
30 (to 32) months
PCT national-phase entry deadline in China
PCT / Implementing Regulations
June 1, 2021
Effective date of the 4th Amendment to the Patent Law
NPC Standing Committee / CNIPA
PAQE is CNIPA's national patent agent qualification exam with three parts: Parts I and II are multiple choice (Patent Legal Knowledge and Related Legal Knowledge), and Part III is a drafting/practice paper. Part I covers the Patent Law, Implementing Regulations, and Examination Guidelines; Part II covers related civil law (Civil Code contract and tort), administrative law and litigation, and international treaties (Paris Convention, PCT, Hague). Key tested law includes patent terms (invention 20, utility model 10, design 15 years), patentability under Article 22 (absolute novelty, inventiveness, practical applicability), the grace period (Article 24), and the 4th Amendment reforms: partial designs, patent term adjustment and drug patent term extension (Article 42), drug patent linkage (Article 76), open licensing (Articles 50-51), and punitive damages up to five times with statutory damages of RMB 30,000 to 5,000,000 (Article 71). The exam is regarded as very difficult with a low reported pass rate; CNIPA does not publish a fixed question count, fee, or passing score uniformly.
Sample PAQE Practice Questions
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1Under Article 42 of China's Patent Law (4th Amendment, effective June 1, 2021), what is the statutory term of protection for a design patent, measured from the filing date?
A.15 years
B.12 years
C.10 years
D.20 years
Explanation: The 4th Amendment to the Patent Law extended the design patent term from 10 to 15 years from the filing date, aligning China with the Hague Agreement it joined. Article 42 sets the term at 20 years for invention patents, 10 years for utility models, and 15 years for designs.
2A breakthrough of the 4th Amendment to China's Patent Law is that design protection now extends to a 'partial design.' What does this mean?
A.Two unrelated products can be combined in a single design application
B.A design can protect a portion of a product (such as the shape of a car's headlight) rather than only the whole product
C.A design can be granted for a two-dimensional pattern with technical function
D.A partial assignment of a design right to multiple owners is permitted
Explanation: Before the 4th Amendment, Chinese design patents had to cover an entire product. Article 2(4) now allows protection of a partial design, i.e., the design of a part of a product (e.g., a phone's interface element or a vehicle's grille) that cannot be sold separately, broadening the scope of design protection.
3Under Article 22 of the Patent Law, an invention possesses 'inventiveness' when compared with the prior art it has which characteristics?
A.Substantive features and progress
B.Novelty and practical applicability
C.Prominent substantive features and notable progress
D.A new technical effect not previously disclosed in any country
Explanation: Article 22 distinguishes the inventiveness standard by patent type: an invention must have 'prominent substantive features and represent notable progress,' while a utility model needs only 'substantive features and progress.' The higher threshold reflects the more rigorous examination invention patents undergo.
4Under Article 24 of the Patent Law (4th Amendment), the grace period that preserves novelty was expanded. Which NEW circumstance was added by the 2021 amendment?
A.First exhibition at a Chinese-government recognized international exhibition
B.First publication at a prescribed academic or technical conference
C.Disclosure of the invention by another person without the applicant's consent
D.Disclosure for public-interest purposes during a national emergency or extraordinary situation
Explanation: The 4th Amendment added a new grace-period ground in Article 24(1): a disclosure made for public-interest purposes during a national emergency or extraordinary state of affairs (motivated by the COVID-19 pandemic). The exhibition, academic conference, and unauthorized-disclosure grounds already existed in prior law.
5Which of the following is expressly NON-patentable subject matter under Article 25 of the Patent Law?
A.Methods for the diagnosis or treatment of diseases
B.A new pharmaceutical compound
C.A new structure of a mechanical tool
D.A new manufacturing process for a chemical product
Explanation: Article 25 lists categories for which no patent right is granted, including scientific discoveries, rules and methods for mental activities, methods for the diagnosis or treatment of diseases, animal and plant varieties, substances obtained by nuclear transformation, and 2D designs of printed matter used mainly for marking. Treatment methods are excluded (though devices and substances used in them can be patented).
6Article 9 of the Patent Law embodies the principle that only one patent shall be granted for an identical invention-creation. When an applicant files both an invention application and a utility model application for the same invention-creation on the same day, what is permitted?
A.Both patents may be granted and maintained in parallel indefinitely
B.The applicant may keep the invention patent by abandoning the not-yet-expired utility model when the invention is to be granted
C.Only the utility model may proceed; the invention application is automatically rejected
D.The applicant must choose at filing and may not later switch between them
Explanation: Article 9 prohibits double patenting but allows same-day filing of an invention and a utility model for the same creation. When the invention is later found grantable, the applicant may obtain the invention patent provided the utility model has not yet lapsed and the applicant declares abandonment of it. This 'patent connection' lets applicants enjoy early utility-model protection then transition to the longer invention term.
7Under Article 71 of the Patent Law (4th Amendment), for an intentional infringement that is serious in circumstances, a court may award punitive damages of up to what multiple of the base amount (the patentee's loss, the infringer's profit, or a royalty multiple)?
A.Two times
B.Three times
C.Five times
D.Ten times
Explanation: The 4th Amendment introduced punitive damages in Article 71: where infringement is willful and the circumstances are serious, damages may be set at one to five times the base amount. The amendment also raised statutory damages to a range of RMB 30,000 to RMB 5,000,000.
8The 4th Amendment added a patent term adjustment (PTA) mechanism in Article 42 to compensate for examination delay. Under what condition may a patentee request compensation for unreasonable delay?
A.The design patent is granted more than 5 years from the filing date
B.Any invention patent granted more than 2 years from the filing date
C.The utility model is granted more than 1 year from the filing date
D.The invention patent is granted more than 4 years from the filing date and more than 3 years from the request for substantive examination
Explanation: Article 42(2) provides patent term adjustment for invention patents where an unreasonable delay not attributable to the applicant occurs: granted more than four years from filing AND more than three years from the request for substantive examination. Delays caused by the applicant are excluded from the compensation.
9Article 42(3) of the Patent Law also created a patent term EXTENSION for pharmaceutical patents to compensate for the time taken to obtain marketing approval. What is the cap on this extension and on the resulting effective term after approval?
A.Extension up to 5 years, with a total effective term not exceeding 14 years from marketing approval
B.Extension up to 3 years, with a total effective term not exceeding 10 years from approval
C.Extension up to 5 years, with no cap on the post-approval effective term
D.Extension up to 7 years, with a total effective term not exceeding 20 years from approval
Explanation: Article 42(3) compensates a new-drug-related invention patent for regulatory review time: the extension is capped at 5 years, and the total effective patent term after the drug receives marketing approval may not exceed 14 years. This mirrors mechanisms like US Hatch-Waxman and EU SPCs.
10Article 76 of the Patent Law (4th Amendment) introduced the drug 'patent linkage' system. During the marketing-approval review of a generic drug, where a patent dispute arises, what dual-track options do the parties have?
A.Only an administrative complaint to the NMPA is available
B.File a civil lawsuit in a People's Court OR request an administrative adjudication from CNIPA
C.Only arbitration before CIETAC is permitted
D.The dispute must wait until the generic drug is actually marketed before any action can be taken
Explanation: Article 76 establishes an early-resolution (patent linkage) mechanism: a party may either file a civil action in a People's Court or request an administrative adjudication from CNIPA to confirm whether the generic falls within the scope of the listed patent. The court judgment or CNIPA ruling informs whether the NMPA suspends approval.
About the PAQE Practice Questions
Verified exam format metadata for China Patent Agent Qualification Examination is pending. The practice questions above remain available while official exam length, timing, passing score, fee, and administrator details are reviewed.