China patent application is filed with the State Intellectual Property Office. A patent provides protection for the invention to the owner of the patent and that protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. It is absolutely crucial to apply for patent protection in China for each and every innovation. Patent registered in other jurisdictions has no legal effect in China. The following are the frequently asked questions about patent application in China.
Q: What are the types pf patent in China?
Chinese patent law covers three distinct areas:
1. Invention Patent: products, methods or new technical plans proposed for its improvement.
2. Utility Model Patent: the shape or the structure of the product or the proposed applicable new technical plans developed from the combination of both.
3. Design Patent: the shape, pattern, color of the product, or the new design which is applicable and may arouse aesthetic sensibilities developed form the combination of them.
Q: What are the pros and cons of the three kind of patent?
1. Invention Patent
International search and examination required, lengthening processing time for application, with a stronger protection and a longer protection period.
2. Utility Model Patent
A shorter processing time for application than that for an invention patent as only formal examination required, with a weaker protection resulting from only formal examination being done.
3. Design Patent
Protection to be covered to the appearance of the design only, with its technical aspect excluded.
Q: What are the term of validity of each type of patent?
1. Invention Patent: Renewable each year upon the end of the first year of grant up to 20 years.
2. Utility Model Patent: Renewable upon the end of the first year from the submission date for application, up to 10 years.
3. Design Patent: Renewed upon the end of the first year from the submission date for application up to 10 years.
Q: Can foreigners apply for patent registration?
Foreigners, foreign corporations or other foreign organizations without habitual residence or place of business applying for patent in China must appoint an agent to carry out the process.
Q: How to file a patent?
There are three ways to file a patent:
1. File a patent application in China directly. Foreign applicants must use a local patent agency to handle the filing of a patent. Foreign Invested Enterprises (FIE) however, can apply for patents in China without a licensed Patent Attorney.
2. File a patent application first in a foreign country, and then file a patent application in China within 12 months (12 months for utility models and 6 months for designs), claiming the priority date of the first application.
3. File an international patent application under the Patent Cooperation Treaty (PCT), selecting China as one of the designated states. A PCT application can be filed with the European Patent Office (EPO) or any national patent office within the EU.
Q: What are the required documents and information?
Generally, the applicant needs to provide the following:
1. Name of the invention
2. Name and address of the applicant
3. Name and address of the inventor
4. Patent documents:
(1) Claim: describe the protection scope of the patented technology;
(2) Abstract: provide the outline of the key technical aspect of the patent;
(3) Specification: provide written details and features of the patented technology;
(4) Drawings: illustrate structures or details of the patent.
Contact Us
If you have further queries, don’t hesitate to contact Tannet anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
Previous：Is already the first one！
Next：China Tax Invoice (Fapiao)