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China Patent

Invention Patent
  • Any new process, machine, manufacture, or composition of matter, or any novel and useful improvement thereof
  • Substantive examination by request within 3 years from filing date
  • Average time of examination: 24 – 30 months
  • 20 years from the application filing date
  • Filing fee: USD 730 !

Utility Models
  • Creation of technical ideas relating to the shape or structure of an article or combination of articles
  • Process or method is not eligible for applying Utility Model
  • Preliminary examination
  • Average time of examination: 9 - 12 months
  • 10 years from the application filing date
  • Filing fee: USD 560 !

Design Patent
  • The shape, pattern or the combination thereof, or the combination of color with shape or pattern, of a product which has aesthetic appeal and is fit for industrial application
  • Preliminary examination
  • Average time of examination: 4 - 10 months
  • 10 years from the application filing date
  • Filing fee: USD 510 !


Key Facts


Claim limitation on patents
Invention Patent and Utility Models:
Basic filing fee covers up to 10 claims; additional claim fees will be applied for each claim, in excess of 10.
Design Patent:
Number of similar designs in a multiple design application shall not exceed 10.

Grace period for disclosure
A patent application would be considered as not having patentability if its claimed invention has been disclosed before it is filed. However, if the disclosure relates to one of the following circumstances, a grace period can be claimed to avoid it affecting the validity of the patent application:
  1. disclosed at international exhibitions sponsored or recognized by the Chinese government,
  2. disclosed at certain academic conferences, or
  3. disclosed by another person without the consent of the applicant.
To claim the grace period, it is necessary to file the patent application within 6 months of the disclosure.

Maintaining patent rights
After a patent (Invention patent/Utility models/Design patent) has been granted, an annuity fee must be paid on every anniversary of the application filing date for keeping the patent in force

Useful Links
China National Intellectual Property Administration (CNIPA)
 China Patent Search System

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FAQ

Following documents are required for filing an application in China:
  • Executed Power of Attorney (electronic copy will suffice)
  • Certified copy of priority application (electronic copy will suffice), if priority is claimed
  • Specification
  • Drawings (necessary for design patent application)
Rest assured that we will help to prepare the documents and make sure all the necessary documents are in good order to avoid any formality rejection.
For national application, a patent specification other than Chinese cannot be accepted by the China National Intellectual Property Administration (CNIPA). For international application, on the other hand, a patent specification can be filed in either Chinese or English. However, it will be necessary to submit a Chinese translation thereof within 20 months from priority date or the application will be abandoned.
No worries, you could just provide us the specifications and/or drawings in the above-mentioned languages and we could do the translation at a competitive fee for you.
Invention patent:
  • It depends on fields of technology and timing of filing a request for Substantive Examination. Generally, an examination will take approximately 24 – 30 months to be completed after the request of Substantive Examination is filed.
Utility Models:
  • As Utility Model applications are subject to preliminary examination, it takes approximately 9 – 12 months from filing to granting.
Design:
  • As Design applications are subject to preliminary examination, it takes approximately 4 – 10 months from filing to granting.
Yes, prioritized examination of an application can be requested to expedite the examination if the application is involved in any of the following circumstances:
  1. Industries in relation of energy conservation and environmental protection, new-generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles and intelligent manufacturing
  2. Industries that are encouraged at provincial and municipal levels
  3. Technology that is changing rapidly, such as internet, big data, cloud computing and other related fields
  4. A patent applicant has prepared to implement or begun implementing, or has evidence to prove a third party is implementing its invention and/or creation
  5. A patent application which is filed in China for first time, has also been filed in other countries or regions with the same subject matter
  6. A patent application is determined as having great significance to national interest or public interest.
The main differences between Utility Models and Invention patents are the following:
Subject matter:
  • In China, Utility Model protection can only be applied for creation/invention of technical ideas relating to the shape or structure of an article or combination of articles, such as mechanical devices and apparatus. In other words, a process or method is not eligible for applying Utility Model in China.
  • On the contrary, Invention patent application covers a broader scope of subject matter - any new process, machine, manufacture, or composition of matter, or any novel and useful improvement thereof, is eligible for application.
Examination:
  • The Invention patent applications are substantively examined and can only be granted if they meet the requirement on novelty, inventive step or non-obviousness, capability of industrial application.
  • As the technology field of Utility Model is generally elementary, applications of Utility Model in China are subject to preliminary examination. Specifically, the requirement on novelty and inventive step or non-obviousness will be less stringent compared with the Invention patent applications.
Term of protection:
  • Unlike the Invention patent which undergoes substantive examination and is granted a protection term of 20 years, the term of protection of a Utility Model is 10 years.
Cost and time:
  • Since Utility Model application subjects to preliminary examination, the registration process is simpler and faster than Invention patent application.
Enforcement:
  • Unlike Invention patent which is examined at a higher standard on patentability assessment and has larger enforcement strength, the Utility Model right could be vulnerable and easy be challenged by any third party if no technical evaluation report is presented.
We could assist on developing a patent strategy – such as how to effectively plan out patent application and enforce these intellectual properties – exclusively for you. Contact us to know more!
Same as other countries, the time limit for a PCT application to enter national phase of China is 30 months from the priority date. However, this deadline can be extended by two months after paying a surcharge.
  • Invention patent: 20 years from application filing date
  • Utility Models: 10 years from application filing date
  • Design: 10 years from application filing date
Yes. For foreign applicant, it is mandatory to designate a qualified patent attorney to file patent applications.

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