China invention patent application is one kind of patent application. In China, an invention patent is granted for new technical solutions or improvements to a product or process, provided that the technical solutions have a practical applicability. An invention patent must not have been previously published overseas or in China, and must not have been used in China prior to the patent application.
Inventiveness of the Invention Patent
To be considered inventive, an invention must have, in the eyes of the notional addressee, prominent substantive features that mark a notable progress in the state of the art; alternatively, that the addressee cannot obtain from existing technology all the necessary technical features of the invention.
SIPO's examination guidelines, which are often followed by the Courts also, recommend the "problem-solution" approach to assessing obviousness:
1. Identify the closest prior art;
2. Identify the technical problem to be solved;
3. Identify the differences between the prior art and the invention;
4. Would those differences be obvious to the skilled addressee trying to solve the technical problem?
(4).jpg "China Invention Patent Application")
Registration of Invention Patent
The application documents consist of an application form, specification and its abstract, claims, and drawings (if any). An application for invention patent shall go through five phases, i.e., acceptance, preliminary examination, publication, substantive examination and granting.
In China, an invention patent application needs to undergo a two-step examination process, the “formality examination” for examining the formality of the patent application, and the “substantive examination” for examining the substance and patentability thereof. If the patent application has satisfied all formality requirements, the SIPO will publish the application within 18 full months from the filing date of the application. The applicant shall file a request for substantive examination within 3 years from the filing date or else the application will be deemed to be withdrawn.
An application will generally take about 3 to 5 years to obtain an invention patent in China. The duration of protection of an invention patent is 20 years commencing from the filing date, and the patentee shall pay annual fees commencing from the year when the patent right is granted.
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