Invention patent application is one way to protect your intellectual property rights in China. A patent gives the owner the exclusive right to prevent others from making, using or selling an invention-creation without permission during a limited period. Legal protection can only be obtained upon registration. Government data show that the number of annual applications for invention patents filed in the country topped 1.38 million in 2017, a 14.2 percent rise on the previous year.
I. Introduction to invention patent
"Invention" means any new technical solution relating to a product, a process or improvement thereof. The validity of an invention patent is 20 years, calculated from the filing date. A Chinese unit or individual might file directly an application for invention, utility model or design patent with SIPO in China, while a foreigner, foreign enterprise, or other foreign organization without a regular residence or business site in China shall entrust a legally established patent agency with the application and such matters.
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.
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II. Requirements for the Grant of Patent Right
In order to be granted a patent right, the invention or utility model must possess novelty, inventiveness and practical applicability.
1. Novelty means that, before the date of filing, the same invention or utility model has not been publicly used or made known to the public in China or abroad.
2. Inventiveness means that, as compared with the technology existing before the date of filing, the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress.
3. Practical applicability means that the invention or utility model can be made or used industrially and can produce effective results.
III. Procedure of National Application
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. An application will normally take 2-3 years to be granted.
It is highly recommended to find a competent patent attorney like Tannet to assist you with filing the patent. It is not only because of the complication and the professional nature of the filling work, but also because it is stipulated by law that the foreigner without habitual residence or business place in China must entrust a qualified patent agent company to handle the filing.
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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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