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Patent- China

Summary

There are three types of patents in China, i.e. Invention Patent, Utility Model and Industrial Design. The invention patent mainly protects subject matters of products, methods and improved technical solutions. The invention patent application is published on 18 months from filing date or priority date, and invention patent adopts substantive examination.

The Utility Model protects subject matters of product shapes, structure or their combinations. The Utility Model adopts preliminary examination which only examines obvious novelty issues without prior art search except formality check. Utility Model will be registered once it passes preliminary examination.

The industrial design protects subject matters of product configurations, patterns or the combination of colors, shapes and patterns with sense of beauty and applicable in industry. Industrial Design adopts preliminary examination which only examines obvious novelty issue without prior art search except formality check. Industrial design is registered after passing preliminary examination.

Application Procedure

  1. Preparing specification and drawings: Drafting specification in simplified Chinese and making drawings.
  2. Reviewing specification: Confirming the technical contents in the specification by clients.
  3. Filing patent application with SIPO: The invention patent application will be published on 18 months from filing date, and substantive examination takes about 2-3 years. The preliminary examination for Utility Model or Industrial design application takes about 6-8 months.
  4. Granting: The issue fee and annuity for the year of granting shall be paid to obtain patent right. The annuity should be paid annually to maintain patent right. The duration of Invention patent right is 20 years from filing date. And the duration of right for Utility Model is 10 years Industrial design is 15 years.

Required Documents

  1. Information of applicant: Applicant’s name and address in Chinese and English
  2. Information of inventor: Inventor’s name in Chinese and English
  3. Specification and drawings
  4. Power of Attorney
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