China design patent application is a fast and low cost way to obtain protection. China employs an absolute novelty standard, and includes no grace period, so prior use or publication anywhere in the world will render the design un-patentable. Time from filing to grant varies, but generally is between three and eight months. The term of the design patents in China is 10 years from the filing date.
Patent Applicant
Pursuant to Article 18 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.
Appointment of Patent Agency
Pursuant to Article 19 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a legally incorporated patent agency to act as its or his agent.
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Applicable Language
Except for certificates or evidence materials provided by foreign government departments or created in foreign countries, the patent application documents and other documents shall be in Chinese. Application documents which are written in foreign language shall be translated into Chinese.
The Chinese text of the patent application submitted by the applicant shall be taken as the basis of examination. The foreign language text of the application submitted by the applicant at the time of filling the application shall have no legal effect.
Filing Fees and Payment
In accordance with Rule 95, the applicant shall pay the filing fee, the printing fee for the publication of the application and the necessary additional fee for filing an application within two months from the filing date or fifteen days from the date of receipt of the notification of acceptance of the application from the patent administration department under the State Council. Where the applicant claims priority, he or it shall pay the fee for claiming priority at the same time with the payment of the filing fee.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at 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 2355735242@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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