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GUIDE TO FILING OF CHINESE PATENT ; INVENTION PATENT ; UTILITY MODEL PATENT ; DESIGN PATENT ; PCT NATIONAL PHASE INTO CHINA

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Chinese Patent Law is enacted to protect patent rights for inventions-creations, to encourage invention-creation, to foster the spreading and application of inventions-creations, and to promote the development and innovation of science and technology, for meeting the needs of the construction of socialist modernization.

There are three types of patent, i.e. patent for invention, patent for utility model and patent for design.

Invention means any new technical solution relating to a product, a process or improvement thereof.

Utility model means any new technical solution relating to the shape, the structure, or their combination of a product, which is fit for practical use.

Design means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern of a product, which creates an aesthetic feeling and is fit for industrial application.

The duration of patent for invention is twenty years, the duration of patent for utility model and design is ten years, counted from the filing date in China.

GUIDE TO THE REQUIRED DOCUMENTS FOR FILING PATENT APPLICATION

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Power of Attorney, a Power of Attorney with the original signature or seal of the applicant is required for each application. The Power of Attorney may be late filed.

Application Documents: description, claims, abstract and drawings (if any) for invention or utility model patent application; Drawings or photographs of the product for design patent application.

Certified Priority Document, where priority is claimed, the certified priority document shall be submitted within three months of the date of filing in China.

Assignment, in case the applicant as indicated in the priority document is not the same as the applicant for the Chinese application, an assignment duly executed by the original applicant is required and shall be submitted within three months of the date of filing in China. The assignment should be either an originally signed one or a notarized copy.

GUIDE TO THE SPECIFIC REQUIREMENT FOR FILING APPLICATION FOR INVENTION PATENT

Application Documents for an invention patent application include: description, claims, abstract and drawings (if any) of the application.

Request for Substantive Examination:

In the case of an application for patent for invention, the applicant shall request substantive examination at any time within three years of the date of filing in China or the date of priority (if priority is claimed). Patent application for invention is examined as to the substance. In order to initiate the substantive examination procedure, applicant must submit a formal request within three years from the Chinese filing date or the priority date, whichever is earlier. Otherwise, the application shall be deemed to have been withdrawn.

Patent application for utility model and design is not examined as to the substance. Patent will be issued automatically after preliminary examination.

Deposit of Samples of Micro-Organisms:

Where an application relates to a new micro-organism, a micro-organism process or a product thereof and involves the use of a micro-organism which is not available to the public, the applicant shall, before the date of filing, or, at the latest, on the date of filing, deposit a sample of the micro-organism with a depository institution designated by the Chinese Patent Office or an international depository authority under the Budapest Treaty, and submit at the time of filing, or, at the latest, within three months of the filing date, a receipt of the deposit and the proof of viability from the depository institution or the international depository authority.

With respect to the micro-organisms which are commercially available at home and abroad, catalogues of such micro-organisms should be submitted within three months of the date of filing in China.

GUIDE TO THE SPECIFIC REQUIREMENT FOR FILING APPLICATION FOR UTILITY MODEL PATENT

Application Documents for an utility model patent application include: description, claims, abstract and drawings (if any) of the application.

Patent application for utility model and design is not examined as to the substance. Patent will be issued automatically after preliminary examination.

Methods shall not be claimed in any application for a utility model patent.

GUIDE TO THE SPECIFIC REQUIREMENT FOR FILING APPLICATION FOR DESIGN PATENT

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Application Documents for a design patent application include: drawings or photographs revealing the six orthographic views, i.e. the views in front and rear, and rear, top and bottom, right side and left side, and a perspective view. The size of the drawings or photographs of a design submitted shall not be smaller than 3 cm X 8 cm, no larger than 15 cm X 22 cm. Two sets of drawings or three sets of photographs should be provided.

The Title of the Design, i.e. the name of the product incorporating the design and a brief explanation of the design.
The brief explanation of the design shall include the main creative portion of the design, the colour for which protection is sought and the omission of the view of the product incorporating the design (if one view is identical or symmetric with another, it can be omitted).

Colour Protection: if the applicant seeks concurrent protection of the colours, four sets of the drawings or photographs, two sets in colour and two sets in black and white should be submitted.

The Drawings should not contain shadow lines or shadings. The subject shown in the photographs should form sharp contrast to the base. Each view should be in the same proportion.

GUIDE TO FILING APPLICATION FOR NATIONAL PHASE INTO CHINA UNDER PCT RULES AND REGULATIONS

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Power of Attorney, with the original signature or seal of the applicant. The Power of Attorney can be late filed.

PCT publication with the international search report.

International preliminary examination report with its annex,

Amendments made during the international phase (PCT Article 19 and/or Article 34 amendments, if any),

Proposed amendments at the time of national phase entry (PCT Article 28 or Article 41 amendment, if any).

   

 

   

FAQs PATENTs

What's Intellectual Property?

What's a Patent under Chinese Patent Law?

How is a  Patent for Invention/Utility Model/Industrial Design Granted in China?

What Are Requirements for Filing a Patent Application in China?

How to Filing PCT Application for National Phase into China within 30 months?

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FAQs TRADEMARKs

What's a Trademark under Chinese Trademark Law?

How is a Trademark  Registered in China?

What are the documents and information required for an application for a trademark registration in China?
Who can file an opposition against a trademark that has been preliminarily approved and published in Chinese Trademark Gazette?
Intellectual Property Rights Protection in Hong Kong

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Now Click Here to contact our Chinese specialized patent attorneys and trademark  professionals for your intellectual property issues in China

 

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