Home   About Our Firm   Professionals   IP News   Practical Areas   Contact Us
 
     
 
 
Frequently Asked Questions Patents
What's Intellectual Property?
Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.
What's a Patent under Chinese Patent Law?
There are three types of patent under the current Chinese Patent Law: Invention, Utility model, and Design.

Invention means any new technical solution relating to a product, a process or improvement thereof. The duration of patent for invention is twenty years from the date of filing the application in China subject to the payment of annual fees, no extension.

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. The duration of patent for utility model is ten years from the date of filing the application in China, subject to the payment of annual fees, no extension.

Design 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 patent for design is ten years from the date of filing the application in China, subject to the payment of annual fees, no extension.

How is a Patent for Invention/Utility Model/Industrial Design Granted in China?
A patent application for invention is examined as to the substance. In order to initiate the substantive examination procedure, applicant must submit a formal request within three years from the Chinese filing date or the priority date, whichever is earlier. Otherwise, the application shall be deemed to have been withdrawn.

A patent application for utility model and design is not examined as to the substance. Patent will be issued automatically after preliminary examination.
What are Requirements for Filing a Patent Application in China?
Each application for invention or utility model must include the following documents:

Power of Attorney, signed by the applicant (Notarization or legalization is not required);
Specification with claims and abstract;
Drawings, if any (two sets of formal drawings);
Certified copy of the prior application, if a priority is claimed; and
Assignment of priority right, if the applicant in China differs from that of the prior application.
For entry into national phase in China of a PCT international application, international publication pamphlet, international preliminary examination report with annex and any amendments concerned if the applicant would like to bring such amendment into the examiner's consideration during the examination on the application in China.

Each application for design must include the following documents:

Power of Attorney, signed by the applicant (Notarization or legalization is not required);
Drawings or photographs of the design, in triplicate (min. 3x8cm, max. 15x22cm);
Certified copy of the prior application, if a priority is claimed, and
Assignment of priority right, if the applicant in China differs from that of the prior application.
How to Filing PCT Application for National Phase into China within 30 months?
A PCT application should enter into Chinese national phase within 30 months from the priority date.

Power of Attorney, with the original signature or seal of the applicant. The Power of Attorney can be late filed.
PCT publication with the international search report.
International preliminary examination report with its annex,
Amendments made during the international phase (PCT Article 19 and/or Article 34 amendments, if any),
Proposed amendments at the time of national phase entry (PCT Article 28 or Article 41 amendment, if any).

 
Quick Access Intellectual Property Services

Request Trademark Registration in China, Hong Kong, Macau and/or in Taiwan

Request Trademark Search in China, Hong Kong, Macau and/or in Taiwan

Request Patent Application in China, Hong Kong, Macau and/or in Taiwan

Request Patent Application for the Entry into National Phase in China under PCT

 

   

FAQs PATENTs

What's Intellectual Property?

What's a Patent under Chinese Patent Law?

How is a  Patent for Invention/Utility Model/Industrial Design Granted in China?

What Are Requirements for Filing a Patent Application in China?

How to Filing PCT Application for National Phase into China within 30 months?

Learn More...

FAQs TRADEMARKs

What's a Trademark under Chinese Trademark Law?

How is a Trademark  Registered in China?

What are the documents and information required for an application for a trademark registration in China?
Who can file an opposition against a trademark that has been preliminarily approved and published in Chinese Trademark Gazette?
Intellectual Property Rights Protection in Hong Kong

Learn More...

Now Click Here to contact our Chinese specialized patent attorneys and trademark  professionals for your intellectual property issues in China

 

| Home | About Our Firm | Professionals | Intellectual Property News | Practical Areas | Laws & Regulations | Patents | Trademarks | Contact Us |

 
 

China Intellectual Property Agency (Hong Kong) Limited

 

Office Address: Nongxin Building, Suite 902, No.638 Huangpu Avenue West,Guangzhou,Guangdong (510627), China
Office Phone: +86-20-37883640 37883740 37883840   Facsimile Number: +86-20-37884462
E-Mail Address: info@cipahk.com   Website: http://www.cipahk.com

  Client ExtranetDisclaimerPrivacy Statement