Patents
Patent is a government license that gives the holder exclusive rights to a process, design or new invention for a designated period of time.
A Chinese patent confers the right to exclude others from making, using, or selling the patented subject matter in China and its territories. Portions of those rights deriving naturally from it may be licensed separately, as the rights to use, to make, to have made, and to lease. Any violation of this right is an infringement.
An essential substantive condition which must be satisfied before a patent will be granted is the presence of patentable invention or discovery. To be patentable, an invention or discovery must relate to a prescribed category of contribution, such as process, machine, manufacture, composition of matter, plant, or design.
II Patents in China
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
Approximate Patent Application processing time: 3 years.
Member of the Paris Convention: Yes
Member of the PCT: Yes
China Patent Office: State Intellectual Property Office of China (SIPO)
1.Patent Filing
2.Publication: 18 months 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.
III China Patent Application Requirements
Name and address of the applicant. If it is a Company, place of incorporation.
Name, address and citizenship of the Inventor(s).
Invention Title, Abstract of the Invention or Design.
Invention specifications / description.
Claims.
Formal Drawings.
Chinese translation of the specification is required.
Inventors Declaration which does not need to be notarized.
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).
Simple Power of Attorney
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