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Key Facts: PAQE Exam

20/10/15

Patent terms (years) for invention/utility model/design

Patent Law Article 42

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

Try these sample questions to review concepts for the PAQE exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

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 Exam

The China Patent Agent Qualification Examination (PAQE) is the national qualification examination administered by CNIPA for those seeking to practise as patent agents in China. It comprises three parts: Part I Patent Legal Knowledge (multiple choice), Part II Related Legal Knowledge (multiple choice), and Part III Patent Agent Practice (drafting and interpretation). The multiple-choice papers test the Patent Law and its Implementing Regulations, the Patent Examination Guidelines, patentability, the Civil Code (contract and tort), administrative litigation and enforcement, and international treaties such as the Paris Convention and PCT. Content reflects the 4th Amendment to the Patent Law (effective June 1, 2021) and the revised Implementing Regulations and Examination Guidelines effective January 20, 2024.

Exam sponsor: China National Intellectual Property Administration (CNIPA). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Question count not published by the exam provider

Time Limit

Multiple papers held over the exam dates set by CNIPA

Passing Score

Set by CNIPA per paper

Exam / Certification Fees

Set by CNIPA per administration (confirm on cnipa.gov.cn)

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

26%

China Patent Law & Implementing Regulations

Patent types and definitions (Article 2), exclusive rights (Article 11), terms (Article 42: 20/10/15 years), ownership of service inventions (Articles 6, 16, 17), assignment (Article 10), open license (Articles 50-51), compulsory license (Article 53), and 4th Amendment reforms (partial designs, PTA, drug term extension, patent linkage Article 76, punitive damages Article 71)

18%

Patent Examination Guidelines & Procedure

Filing date (Article 28), publication at 18 months (Article 34), substantive examination request (Article 35), amendments without added matter (Article 33), claims support (Article 26), unity and divisionals (Article 31), reexamination (Article 41), restoration of rights, deferred examination, and patent evaluation reports

16%

Patentability: Novelty, Inventiveness, Practical Applicability

Article 22 standards, absolute (worldwide) novelty and conflicting applications, the three-step inventiveness method, practical applicability, the grace period (Article 24), design patentability and significant difference (Article 23), and non-patentable subject matter (Article 25)

16%

Civil Law, Contract & Tort (Related Legal Knowledge)

Civil Code contract formation (arrival rule), void and voidable acts, exemption and standard terms, technology-development contracts, liquidated damages, tort liability (Article 1165), product liability, joint torts, and the 3-year limitation period

12%

Administrative Litigation & Enforcement

Infringement test (all-elements rule, doctrine of equivalents), claim construction (Article 64), defenses (prior art, prior use, exhaustion, Bolar), damages and burden-shifting (Articles 71-73), invalidation effect (Article 47), administrative enforcement (Articles 65, 70), and the Beijing IP Court

12%

International Treaties (Paris, PCT, Hague)

Paris Convention national treatment, right of priority (12/6 months), independence of patents; PCT international and national phases, national-phase entry into China (30 months, extendable to 32), and the Hague Agreement for international designs

Preparing for the PAQE Exam

What You Need to Know

Passing score: Set by CNIPA per paper
Assessment: Question count not published by the exam provider
Time limit: Multiple papers held over the exam dates set by CNIPA
Exam / certification fees: Set by CNIPA per administration (confirm on cnipa.gov.cn) Official sources

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PAQE: Suggested Study Strategy

1Memorize the patent terms and key article numbers: Article 42 (terms 20/10/15 years, PTA, drug term extension), Article 22 (novelty, inventiveness, practical applicability), and Article 24 (6-month grace period)

2Master the 4th Amendment reforms cold: partial designs, patent term adjustment, drug patent linkage (Article 76), open licensing (Articles 50-51), and punitive damages up to 5x with RMB 30,000-5,000,000 statutory damages (Article 71)

3Drill the three-step inventiveness method (closest prior art, distinguishing features and the problem solved, obviousness) and the single-reference rule for novelty

4Know the procedural timeline: filing date (Article 28), 18-month publication (Article 34), substantive-exam request within 3 years (Article 35), and reexamination within 3 months of rejection (Article 41)

5For Part II, study Civil Code basics: contract formation by the arrival rule, void exemption clauses, standard-term rules, technology contracts, tort liability under Article 1165, and the 3-year limitation period

6Compare China's PCT national-phase entry (30/32 months) with Paris priority (12 months inventions, 6 months designs), and review the Hague Agreement for international designs

7Practice infringement analysis using the all-elements rule and the doctrine of equivalents, plus the prior-art, prior-use, exhaustion, and Bolar defenses under Article 69

Frequently Asked Questions

What is the China Patent Agent Qualification Examination (PAQE)?

PAQE is the national examination administered by CNIPA that qualifies candidates to become patent agents in China. It has three parts: Part I (Patent Legal Knowledge, multiple choice), Part II (Related Legal Knowledge, multiple choice), and Part III (Patent Agent Practice, a drafting/interpretation paper).

What law does Parts I and II test?

Part I tests the Patent Law, its Implementing Regulations, and the Patent Examination Guidelines. Part II tests related legal knowledge including the Civil Code (contract and tort), administrative law and administrative litigation, and international treaties such as the Paris Convention and the Patent Cooperation Treaty (PCT).

What changed under the 4th Amendment to the Patent Law?

Effective June 1, 2021, design patents were extended to 15 years and partial designs were introduced; Article 42 added patent term adjustment for examination delay and up to 5 years of drug patent term extension; Article 76 created drug patent linkage; Articles 50-51 introduced open licensing; and Article 71 added punitive damages up to five times with statutory damages of RMB 30,000 to 5,000,000.

How are novelty and inventiveness assessed in China?

Under Article 22, China applies absolute (worldwide) novelty: any public disclosure anywhere before the filing date is prior art. Inventiveness for an invention requires prominent substantive features and notable progress; examiners use a three-step (problem-solution style) method. A utility model needs only substantive features and progress.

When must I enter the national phase in China from a PCT application?

The national-phase entry deadline before CNIPA is 30 months from the priority date, extendable by two months (to 32 months) on payment of a surcharge. Paris Convention priority for inventions and utility models is 12 months, and 6 months for designs.

How difficult is the PAQE and how should I prepare?

PAQE is widely regarded as very difficult, with a low pass rate commonly reported by exam preparers. Candidates typically study 300 to 600 hours over 6 to 12 months, focusing on the Patent Law and Examination Guidelines, the Civil Code, and treaty procedures, supported by extensive multiple-choice practice.

Free Practice Questions for PAQE

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