China Patent Application
Overview
Pursuant to Article 19 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the Patent Administration Department Under the State Council to act as his or its agent.
How many types of franchise?
(1) invention patents : products, methods or improved by the new technologies, can apply for patents;
(2) the application of a new patent : the shape of products, Construction, or its combination of practical suitable for the new technology program, they can apply for utility model patents;
(3) patent designs : the shape of products, design, or its combination of color and shape. the combination of pictorial made by the rich beauty and suitable for industrial application of the new design, they can apply for patent designs.
What circumstances can obtain a patent?
(1) scientific discoveries;
(2) Intelligence activities of the rules and methods;
(3) disease diagnosis and treatment methods;
(4) animal and plant varieties;
(5) using the nucleus transform the material was obtained.
The above paragraph (4) above the production method, in accordance with the provisions of the Patent Law franchise.
China Patent Application Requirements
1. Name and address of the applicant. If it is a Company, place of incorporation.
2. Name, address and citizenship of the Inventor(s).
3. Invention Title, Abstract of the Invention or Design.
4. Invention specifications / description.
5. Claims.
6. Formal Drawings.
7. Chinese translation of the specification is required.
8. Inventors Declaration which does not need to be notarized.
9. Certified priority document, including priority number and country of origin, accompanied by a Chinese translation. Has to be filed within 3 months (The priority could be claimed if the foreign patent application was filed within 12 months).
10. Simple Power of Attorney
Patent application procedures and the duration of protection?
Application procedures for the duration of protection
Application procedures for the duration of protection
invention patents Application processing time:2- 3 years
a new patent Patent Application processing time: 1-1.5 years
patent designs Application processing time:6-8 months
A Chinese Patent is effective for a term of: 20 years (from the filing date)
The Utility Models and Design patents are effective for a term of: 10 years
Procedure
1. Patent Filing
2. Publication: From the filing date or first priority date.
3. Examination: Requested at any time within three years from the date of filing.
4. Acceptance (Notice of Allowance) or rejection.
5. Payment of the Issue Fees.
6. The patentee shall pay an annual fee beginning with the year in which the patent right was granted.