Patent Services

Services

  • Invention patent application
  • Utility Model patent application
  • Design patent application
  • Patent search and analysis
  • Patent change and assignment
  • Patent right protection
  • Patent lawsuit

Process

1

Application submission to China National Intellectual Property Administration (CNIPA)

2

CNIPA preliminary examination

3

Application announcement

4

Substantive examination

5

Authorization notification

6

Patent certification

FAQ

  • What are the different types of Chinese patents?

    There are three types of patent under the current Chinese Patent Law: Invention, Utility Model and Design.

    • Invention: any new technical solution relating to a product, a process or an improvement thereof.
    • Utility Model: any new technical solution relating to the shape, the structure, or their combination of a product, which is fit for practical use.
    • Design: any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern of a product, which creates an aesthetic feeling and is fit for industrial application.
  • What is the duration of each type of patent in China?

    Subject to the payment of annual fees,

    • Invention patents last for twenty years from the date of filing;
    • Utility Model patents last for ten years from the date of filing; and
    • Design patents last for ten years from the date of filing.
  • How is a patent granted in China?

    An Invention patent application is examined as to whether it meets the requirement of the patentability (novelty, utility and inventiveness). In order to initiate the substantive examination procedure, the applicant must submit a formal request within three years of the Chinese filing date or the priority date (whichever is earlier). Utility Model and Design patent applications are issued automatically after preliminary examination.

  • What are the conditions of granting patent rights?

    Any Invention or Utility Model for which patent right may be granted must possess novelty, inventiveness and practical applicability.

    Any Design for which patent right may be granted must not be identical or similar to any design which, before the date of filing, has been publicly disclosed in publications (in the country or abroad); has been publicly used; or is in conflict with any prior right of any other person.

  • What is the scope of Chinese patent protection?

    After the grant of an Invention or Utility Model patent, the patentee has the right to prevent others from making, using, offering to sell, selling or importing the patented products. The patentee also has the right to prevent others from using the patented processes, or using, offering to sell, selling or importing the product directly obtained by the patented processes, for production or business purposes and without his authorization.

    After the grant of a Design patent, the patentee has the right to prevent others from making, offering to sell, selling or importing the product incorporating patented design, for production or business purposes and without his authorization.