Patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention, together with official forms and correspondence relating to the application. The term patent application is also used to refer to the process of applying for a patent, or to the patent specification itself.
The laws and regulations governing a China patent require novelty, creativity and practicality for the inventions and utility models applying for patents. The appearance designs shall not be the same as or similar to those that have publicly published on publications in China or overseas or publicly used in China before the application date. Foreigners, foreign corporations or other foreign organizations without habitual residence or place of business applying for patent in China must appoint an agent to carry out the process.
I. Types of Patent Application in China
There are three major types of patent application in China:
(1) Invention Patent: products, methods or new technical plans proposed for its improvement
(2) Utility Model Patent: the shape or the structure of the product or the proposed applicable new technical plans developed from the combination of both
(3) Design Patent: the shape, pattern, color of the product, or the new design which is applicable and may arouse aesthetic sensibilities developed form the combination of them.
II. Required Documents for China Patent Application
(1) Invention Patent: Name of the invention; Name and address of the applicant; Name and address of the inventor; Patent documents
(2) Utility Model Patent: Name of the invention; Name and address of the applicant; Name and address of the inventor; Patent documents
(3) Design Patent: Name of the design; Name and address of the applicant; Name and address of the designer; Drawings of the designed product; Brief description of the appearance design.
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III. Validity Period of China Patent
(1) Invention Patent: Renewable each year upon the end of the first year of grant up to 20years.
(2) Utility Model Patent: Renewable upon the end of the first year from the submission date for application, up to 10 years.
(3) Design Patent: Renewed upon the end of the first year from the submission date for application up to 10 years.
IV. Items cannot be Patented in China
According to Articles 5 and 25 of the Chinese Patent Law, no patent right is granted to any of the followings:
a. invention-creations that are contrary to the laws of the State or social morality or that is detrimental to public interest;
b. invention-creations which rely on genetic resources that are obtained or exploited in violation of laws and regulations;
c. scientific discoveries;
d. rules and methods for mental activities;
e. methods for diagnosis or for treatment of diseases;
f. animal and plant varieties;
g. substances obtained by means of nuclear transformation;
h. two dimensional designs of images, colors or combination of the two that mainly serve as indicators.
V. Language Required for Filing Patent Application in China
All documents for a Chinese patent application should be prepared in Chinese language. If SIPO finds it necessary, the applicant needs to prepare within a designated time limit a Chinese translation of a certificate or a certified document in a foreign language, with the exception of priority documents.
VI. 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 www.tannet-group.net, or calling Hong Kong hot-line at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com.
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