Patent
 

¡·Three Types of Patent

Invention means any new technical solution relating to a product, a process or improvement thereof.
Utility model means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for application.
Design means any new design of the shape, pattern, or their combination and the combination of color and shape or design, of a product, which creates an aesthetic feeling and is fit for industrial application.

¡·Filing Requirements

Documents Required for Filing of an Invention or Utility Model Application:

1. Applicant's and inventor's full name, address and nationality both in Chinese and English. We can prepare the Chinese translation thereof for you. But if your clients do have an existing Chinese translation, please provide us with the same.
2. Specification, claims, abstract, drawings (if any);
3. A simply signed Power of Attorney (downloadable);
4. Priority details including the priority date, priority filing number, the country where the priority application was filed and a certified priority document if convention priority is being claimed;
5. A duly executed assignment form, if the applicant as indicated in the certified priority document is different from the applicant now filing in China. If the assignment form is a copy, it should be notarized.

Documents Required for Filing a Design Application:
1. Title of the design, the applicant's name and address, the designer's name and address;
2. The priority date, priority filing number, the country where the priority application was filed and a certified priority document;
3. Power of Attorney executed by applicant, neither notarization nor legalization is needed;
4. Four sets of drawings or photographs reverting the six views (i.e. front, rear, top bottom, right and left) and a perspective views (if necessary); the drawings or photographs shall not be smaller than 3cm x 8cm, nor larger than 15cm x 20cm;
5. Brief Description (if necessary): The brief description indicates the main creative portion of the design, the colors for which protection is sought and the omission of the view of the product.

Documents Required for Filing a Chinese National Phase Application of PCT International Application:
1. PCT Publication Pamphlet, issued by the International Bureau. The corresponding Chinese version should be submitted on the same date of entry if the International Publication is in a language other than Chinese;
2. All amendments made during the international phase and made while entering into Chinese national phase;
3. International Search Report and International Preliminary Examination Report and its annexes (if any);
4. Which version the SIPO starts the examination on the basis of;
5. Form PCT/IB/332;
6. Form PCT/IB/306(if any);
7. Power of Attorney (downloadable) duly executed by the applicant . 

¡·Examination Procedure

Invention
will be granted after formality and substantive examination that no rejection reason is found.
Utility model and design will be granted after formality examination that no rejection reason is found.
Note: The SIPO will start the formality examination on its initiative, but the substantive examination shall be requested by the applicant within 3 years from filing date (priority date, if any), or the application will be deemed withdrawn.

Term of Validity
Duration of patent right for invention is 20 years from the filing date in China.
Duration of patent right for utility model and design is 10 years from the filing date in China.

Annuity
The subsequent annuity shall be paid in advance before the expiration of the preceding year

 
 
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