Patent Application in China - Patent Application

1、Patent Application in China1. General Information(1) Types of patent: patent for invention, patent for utility model, and patent for design.(2) Examination procedures:1)Patent for Invention: acceptance, preliminary examination, earlier publication, substantive examination and final decision.2) Paten

2、t for Utility model or design: acceptance, preliminary examination and final decision, without earlier publication and substantive examination.(3) Duration of Patents:1) Patent for Invention: twenty years from filing date.2) Patent for Utility model or design: ten years from filing date. 2. Document

3、s and Materials Necessary for Filing Patent Applications in China(1) Instruction Letter, indicating:1) title of invention/utility model/design2) type of patent application3) name(s), address(es), and nationality(ies) of applicant(s) and inventor(s)4) priority date, number and country if priority is

4、claimed, 5) whether or not substantive examination request is to be filed simultaneously,6) the date by which the application is expected to be filed, etc.If a foreign applicant or inventor has its/his/her Chinese name and/or address, the Chinese characters are requisite to avoid any possible differ

5、ent versions.(2) Power of AttorneyPlease make use of our Power of Attorney form/General Power of Attorney form,which may be found and downloaded from our website: The original copy should be signed and dated by the applicant.If the Power of Attorney form is used, one Power of Attorney shall be submi

6、tted for each application.If the General Power of Attorney form is used, one General Power of Attorney will cover all future patent applications.(3) Application Documents, including:1) Application for Patent for Invention or utility model: a description, claim(s), drawing(s) (if any) and an abstract

7、.2) Application for Patent for Design: three (3) sets of drawings/photos of the product incorporated with the design. Such drawings/photos shall be sized from 3cm x 8cm to 15cm x 22cm and with no shade lines and/or dotted lines.If seeking protection for the shape of a product, drawings/photos of six

8、 elevation views and one perspective (if any) view are required.If seeking protection for pattern, unfolded and perspective drawings are required.If claiming colors, three (3) colored set of the drawings/photos are requisite.If there are special comments, a brief specification is required. (4) Prior

9、ity Document and Assignment1) Priority Document: If priority is to be claimed, information on priority date, number and country shall be provided before filing the patent application.The priority document, i.e., a certified copy of the earlier application shall be submitted to the Chinese Patent Off

10、ice indicating the name(s) of the applicant(s) and/or inventor(s). 2) Assignment: If the applicant of the earlier application is different from the applicant of the Chinese application, an assignment shall be submitted.A certified/notarized copy of a foreign assignment of the earlier application is

11、acceptable for this purpose. 3. Notes:(1) If the Power of Attorney fails to be submitted when filing the application, same can be filed later. Please make sure that the date of execution shall be earlier than the Chinese filing date. (2) Both priority document and assignment shall be filed within th

12、ree (3) months from the date of filing. Otherwise, it will be deemed that no priority is claimed. The applicant may request for restoration of the priority by submitting the priority document and/or assignment within two (2) months from the date of receiving the notice thereabout from the Chinese Pa

13、tent Office, subject to the payment of a restoration fee. (3) China became party to the Budapest Treaty in July 1995. Therefore, when a new microorganism species is involved in a patent application, the new microorganism species can be deposited in an international deposit center designated by the T

14、reaty.A certificate of deposit and a certificate proving the species being alive both issued by the international deposit center shall be submitted either at the time when filing the application or within three (3) months from the date of filing the Chinese application.(4) According to the Chinese P

15、atent Law, for patent application for invention, the request for substantive examination shall be filed within three (3) years from the priority date.(5) Since the Chinese Patent Office accepts application documents only in Chinese version, it is highly recommended that the filing documents be forwa

16、rded to us at least two weeks prior to the date by which the application must be filed or the date on which the priority period expires so that we may have sufficient time to prepare the Chinese application documents, including translation. We also undertake the entrustment for filing urgent patent

17、application, for example, an application that has to be filed within three days or less. In this case, a certain urgent service fee will be charged. Patent Reexamination1. General InformationIf not satisfied with the rejection made by the Chinese Patent Office, the applicant may file a request for r

18、eexamination with the Patent Reexamination Board within three (3) months from the date of receipt of the rejection notification, stating his reasons. The applicant may, at the same time, make requisite amendments to the application documents to overcome the deficiencies as pointed out in the rejecti

19、on reasons to facilitate the Board to revoke the rejection made by the examiner. On receiving an unfavorable decision on reexamination made by the Patent Reexamination Board, the applicant may institute legal proceedings at the peoples court within three (3) months from the date of receipt of the no

20、tification. The Intermediate People's Court of the Municipality of Beijing shall be the Court of 1st Instance, while the Higher Peoples Court of the Municipality of Beijing, the Court of 2nd Instance.2. Services Lian & Lien IP Attorneys may provide:Lian & Lien IP Attorneys boasts a team

21、of experienced patent attorneys and lawyers in representing its clients in patent reexamination. Please do not hesitate to contact us whenever you have any question or need in this connection.Patent Invalidation1. General InformationWhere, starting from the date of the announcement of the grant of p

22、atent right, any entity or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of the Chinese Patent Law, it or he may request the Patent Reexamination Board to declare the patent right invalid.After receiving a copy of the request for inval

23、idation of patent right and copies of the relevant documents sent by the Patent Reexamination Board, the patentee should present observations within the specified time limit. The patentee for the patent for invention or utility model concerned may amend the claims, but may not broaden the scope of p

24、atent protection. Where no response is made within the time limit, the examination of the Patent Reexamination Board will not be affected.Where the patentee or the person who made the request for invalidation is not satisfied with the decision of the Patent Reexamination Board declaring the patent r

25、ight invalid or upholding the patent right, such party may, within three months from the date of receipt of the notification, institute legal proceedings in the peoples court. The Intermediate People's Court of the Municipality of Beijing shall be the Court of 1st Instance, while the Higher Peoples Court of the Municipality of Beijing, the Court of 2nd Instance.2. Documents and Materials Necessary for Requesting Invalidation1)