Patent application in China is granted by the State Intellectual Property Office (SIPO). Every company owning patents and doing business with China, wishing to create long-term value and either finding an investor for their patent or licensing their patent in the future is strongly advised to use the Chinese patent system. It is absolutely crucial to apply for patent protection in China for each and every innovation.
Types of Patents in China
1. Invention patent
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.
2. Utility Model Patents
Utility Model Patents (UMs) are very similar to invention patents; however UMs only protect products with new shape or structural physical features.
3. Design Patent
A design patent must not have been published overseas or in China, and must not have been used in China. In addition, a design patent cannot conflict with the prior rights of another person.
.jpg "Patent Application in China")
How to apply for the registration?
Generally, 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.
2. File a patent application first in a foreign country (must be a Member State of the Paris Convention, such as EU countries), 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.
Validity and Duration of Application/Registration Procedure
Patent rights commence from the date of publication of the grant in the Patent Gazette. The duration of the application procedure and term vary depending on the type of patent applied for.
Invention patent: Normally granted within 3 to 5 years and valid for 20 years from the date of filing (or the priority date if priority is claimed) subject to the payment of annuity fees.
Utility Model: Normally granted within 1 year and valid for ten years from the date of filing (or the priority date if priority is claimed) subject to the payment of annuity fees.
Design patent: Normally granted within 1 year and valid for ten years from the date of filing (or the priority date if priority is claimed) subject to the payment of annuity fees.
Contact Us
If you have any inquiries, working or doing business in China, 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 86-755-82143512, 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.
Previous：China Trademark Registration Process and Timeline
Next：Copyright Registration in China