Patent protection in China can be obtained by filing a Chinese patent application. The Chinese State Intellectual Property Office (SIPO) is the government authority that receives and examines patent applications. Patent applications are processed in Chinese. If the patent documents are drafted in a foreign language, a precise Chinese translation of the documents is of the utmost importance. Foreign applicants must use a local patent agency to handle the filing of a patent.
I. Types of patent
Chinese patent law covers three distinct areas:
An invention patent is granted for new technical solutions for a product, process or the improvement thereof, provided that technical solutions have a practical applicability.
A utility model patent is granted for new and practical technical solutions relating to the shape and/or structure of a product. In general, the degree of invention required for a utility model patent is not as high as it is for invention patents.
A design patent is granted for new designs relating to the shape, pattern or their combinations, or the combination of colour, shape and/or pattern that are aesthetically pleasing and industrially applicable.
II. Procedures for application
In order to obtain an enforceable patent as soon as possible, applicants can file for a utility model and invention patent at the same time. Upon receipt of the notice of grant for the invention patent, the applicant will abandon the utility model patent in favour of the invention patent. This approach is recognized in the third amendment to the Patent Law.
Upon receipt of an invention patent application, if the patent administration department under the State Council, after preliminary examination, confirms that the application meets the requirements of this Law, it shall publish the application within 18 full months from the date of application. And it may do so at an earlier date upon request of the applicant.
III. Terms of protection
Patent rights commence from the date of publication of the grant in the Patent Gazette. The term varies depending on the type of patent.
Invention Patent: 20 years from the date of filing (or the priority date if priority is claimed) subject to the payment of annuity fees.
Utility Model: Ten years from the date of filing (or the priority date if priority is claimed) subject to the payment of annuity fees.
Design Patent: 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 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 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.
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