A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. A patent provides protection for the invention to the owner of the patent and that protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. The duration of utility model and design rights is 10 years, which is also calculated from the date of filing.
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.
Type of Patents
There are three kinds of patents in China, i.e. inventions, utility models and designs.
1. "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.
2. "Utility model" means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.
3. "Design" means any new design of the shape, the pattern or their combination, or the combination of the colors with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.
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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.
Procedures to Register a Patent
1. Register a patent application in China directly. Foreign applicants must use a local patent agency to handle the filing of a patent. Foreign Invested Enterprises (FIE) however, can apply for patents in China without a licensed Patent Attorney.
2. Register a patent application first in a foreign country, 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. A PCT application can be filed with the European Patent Office (EPO) or any national patent office within the EU. The applicant has to initiate the 'national phase'.
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If you have further enquire, 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.
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