How to apply for a Chinese patent? A patent is a form of intellectual property which gives its owner the right to exclude others from making, using, selling, and importing an invention for a limited period of time. Generally, there are three types of patent, namely, invention patent, design patent and utility model. In China, patent registration is granted by China National Intellectual Property Administration (CNIPA, formerly known as SIPO).
Types of Patent in China
1. Invention Patent
Invention means any new technical solution relating to a product, a process or improvement.
2. Utility Model
Utility model in the China Patent Law represents any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.
3. Design Patent
Design, in the word of the China Patent Law, means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.
The duration of China Patent for invention is twenty years, the duration of patent for utility model and design is ten years, counted from the application date in China.
Invention That Cannot be Patented in China
According to Article 5 and Article 25 of the China Patent Law, the following items are unpatentable in China:
(1) any invention-creation that is contrary to the laws of the state or social morality or that is detrimental to public interest
(2) scientific discoveries;
(3) rules and methods for mental activities;
(4) methods for the diagnosis or for the treatment of diseases;
(5) animal and plant varieties;
(6) substances obtained by means of nuclear transformation.
How to Apply for a Chinese Patent?
There are three ways to file a patent:
1. File a patent application in China directly. Foreign applicants may hire 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), 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.
Language Used for Application
Any document submitted under the Chinese Patent Law and its Implementing Regulations must be in Chinese. For PCT applications, the document can be filed in either Chinese or English. However, a Chinese translation of the application has to be submitted within 20 months of the priority date.
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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