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PATENT PRACTICE IN CHINA
 

SUMMARY OF PATENT LAW AND PRACTICE

 
(Terms)
1. A new invention patent is granted for 20 years from its filing date, a new Utility Model 10 years, while a new design 10 years as well.
(First to File System)
2. The first application will be granted for patent.
(Novelty Requirement)
3. If publicly disclosed by any publication anywhere in the world or through marketing activities in China domestic markets before Chinese filing date or its priority date, a new invention, Utility Model or design will be deemed as losing novelty.
(Priority)
4. (a) An applicant may claim the priority based on corresponding application in foreign countries if his country has joined Paris Convention or being the WTO member.
(b) For Invention and Utility Model application, a priority may be claimed within 12 months from the filing date of the based corresponding application; while 6 months for a design application.

(Examination)
5. (a) For the Invention patent application:
Within 3 years counting from the next date of the Chinese filing date, the applicant may request with the China Patent Office (CPO) for substantial examination. Failing of requesting of substantial examination within the prescribed period will cause the application become invalid.
(b) For the Utility Model application:
The China Patent Office (CPO) adopts the registration system and makes only formality examination for each application. If an application has met with the formality requirements, it will be allowed for registration.

(c) For the Design application:
The China Patent Office (CPO) adopts the registration system and makes only formality examination for each application. If an application has met with the formality requirements, it will be allowed for registration.

(Period of Examination)
6. (a) It takes in average about 36-48 months from documents completed date for the CPO patent Examiner to complete and make substantial examination report for the Invention patent application.
(b) It takes about 12 months for the patent Examiner to complete the formality examination for the UM application.
(c) It takes about 12 months for the patent Examiner to complete and make substantial examination report for the Design application.

(Publication)
7. (a) The content of the Invention patent application will be open/published
on the Patent Gazette after eighteen months counting from the next
date of the filing date or priority date.

(b) The applications allowed for patents/registrations will be further
published upon payments of Issue Fees/Registration Fees and
issuance of the Letters Patent/Registration Certificate. .

(Invalidation)
8. Interested parties may file invalidation to an application patented/
registered.

(Issuing Letters Patent )
9. The China Patent Office issues Letters Patent /Registration Certificate when the Issue Fees/Registration Fees have been paid, right after a patent, UM or New Design application is allowed.

(PCT Members)
10. China is a member of Patent Cooperation Treaty (PCT).

 
   

 
MISSION INTERNATIONAL PATENT & TRADEMARK OFFICE
Address:3rd Floor, 69 Fu-Hsing N. Road, Taipei,Taiwan, R.O.C.
Tel:886-02-2751-3864(ext.40) Fax:886-02-2771-3863
e-mail:patent@mission.tw