Patenting in China

The establishment of the patent protection regime in other states is done by filing an application with a national office, or under the Patent Cooperation Treaty (PCT). Once a patent is granted, the owner of the intellectual or industrial property will be able to use and dispose of the exclusive rights in China, as well as apply protection measures against infringement.

Peculiarities of patenting in China

The national patent rules in China are regulated by the Patent Law of 1984. Also, China is a party to most international acts in the field of patent rights - the Paris Convention, the Patent Cooperation Treaty, the WTO Members Agreement, etc. This makes it possible to register rights not only through national patent offices, but also to file an application through the offices of other countries.

Registration of a patent in China has the following features:

• the following objects of intellectual property rights are subject to protection - invention, utility model, industrial design;
• the term of patent protection is 20 years for an invention, and 10 years for a utility model and industrial design;
• the extension of the term of a patent in China is not stipulated by law.

When applying to the national office of the SIPA (State Intellectual Property Office of the People's Republic of China), it is necessary to prepare all documents at once in Chinese. You can apply for a patent yourself or through national patent attorneys. If the application is filed through the PCT system, it can be drawn up in other languages, but a translation into Chinese will still have to be made within 30 months of the priority date for subsequent verification of documents and patentability conditions.

How to apply correctly

Before filing an application, a patent search must be conducted - this procedure makes it possible to identify matches in the description of the invention with already registered subject matter. The search is accompanied by inquiries to the registry of intellectual and industrial property rights. The best way to conduct a preliminary search is to contact professional specialists - patent attorneys.

Application documents may be submitted by the author or customer of the invention, the employer, or their legal successor. The application must include the following documents and graphic materials:

• application for the examination and registration of the object;
• description of a new technical solution or production method;
• claims or other subject matter;
• реферат – краткое описание изобретения, которое будет опубликовано в официальном издании патентного ведомства;
• graphic materials, if they are necessary to disclose the essence of the invention.

If the application is submitted through a representative, a notarized power of attorney must be included in the set of documents.

The application is registered at the Patent Office, at which point the priority of rights is established. If later applications with similar technical solutions are received, the priority will allow to register the rights to the first applicant. The procedure for filing and registering an application under the PCT system has significant differences:

• The potential right holder must register the application at the national level;
• after the official registration of the application, 12 months are given to select the states in whose territory the legal protection regime will be established;
• an application filed indicating countries participating in the international cooperation system will be considered under a separate procedure of the Chinese Patent Office.

For industrial designs, the time limit for establishing conventional priority is 6 months.

If all the paperwork and filing activities are handled through patent attorneys, any risks of refusal to register rights can be eliminated in advance. First of all, this applies to conducting inspections through the registries of the states where protection will be sought. Experienced specialists of Prof-Patent will provide a full range of services in drawing up documents and conducting inspections.

Stages of patenting

Patenting in China involves different stages of document examination for inventions, as well as for industrial designs and utility models. The substantive examination is carried out only for the conditions of patentability of inventions. For new designs and models, the notification procedure applies, and if the interests of third parties are infringed, the dispute will be heard at the Patent Office or in court.

To obtain a patent in China, you must go through the following stages:

• patent search - conducted prior to the filing of application documents;
• processing the application and filing it in written or electronic form;
.
• performing formal examination - specialists of the patent office establish compliance of the documents with legislative norms;
.
• requests for clarification of documentation or additional forms and forms;
• performing substantive examination (for inventions) - examining the content of the application, establishing the conditions for patentability;
• adjudication of the application positively or negatively - if the patent is refused, it can be challenged in court;
• registration of the subject matter and rights in the intellectual property register, publication of the registration and abstract in the official bulletin of the Patent Office;
• granting the patent to the right holder;

The duration of these procedures may be several years, but the conventional priority will allow the applicant's rights to be adequately protected.

The conditions for patentability of an invention in China are in accordance with international norms. The patent applicant must prove the novelty, industrial applicability and inventive step of the technical solution or production method. Once a patent is registered, the owner of the invention acquires the exclusive right to use and dispose of it, as well as protection from unlawful use by third parties.

Our Servises in Russia and abroad

Patent Office Prof-patent^® will provide a full range of services in Russia and abroad related to obtaining a patent in China. Our specialists:

• provide a patent search in the shortest possible time;
• formulate application documents in strict accordance with the national legislation of China and international patent law;
• provide consultative support at all stages of the application process;
• represent your interests before the patent offices;
• achieve a favorable resolution of the dispute related to the registration of the application and the granting of the patent;
• will provide services in executing contracts of assignment or license agreement;
• will act as your representative in the protection of exclusive patent rights, including in court institutions.

The extensive experience and impeccable reputation of Prof-Patent patent attorneys allows us to successfully carry out patenting even in the most complex cases. To find out the details of cooperation with our specialists, take advantage of a consultation - just call the numbers indicated on the website or fill in a feedback form.