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China Patent Application

China Patents include Invention Patent, Utility Model Patent, and Design Patent. It requires novelty, creativity and practicality for the inventions and utility models applying for patents. The appearance designs shall not be the same as or similar to those that have publicly published or used in China or overseas before the date of China patent application.

Foreigners or foreign organisations without residence or place of business in China must appoint a patent agent to apply.

 

Types of Application

Invention Patent:
products, methods or new technical plans proposed for its improvement. Longer processing time for application but with a stronger protection and a longer protection period because of international search and examination required.

 

Utility Model Patent:
the shape or the structure of the product or the proposed applicable new technical plans developed from the combination of both. Shorter processing time for application with a weaker protection due to only formal examination required

 

Design Patent:
the shape, pattern, color of the product, or the new design which is applicable and may arouse aesthetic sensibilities developed form the combination of them. Protection to be covered to the appearance of the design only excluding its technical aspect

 

Patent Priority:
A patent applicant may enjoy the right of priority, in accordance with any agreement entered into between an oversea country and China or an international treaty under which both of them are parties, for a period of twelve months (six months for Registration of Patent for Appearance Design) from the date on which the initial patent application for the same invention or a utility model was made and such patent application was also made in China.

 

Validity Period:

Invention Patent:
Renewable each year upon the end of the 1st year of grant, up to a maximum protection period of 20 years

Utility Model Patent:
Renewable upon the end of the 1st year from the submission date for application, up to a maximum protection period of 10 years

Design Patent:
Renewed upon the end of the 1st year from the submission date for application, up to a maximum protection period of 10 years

 

 

For enquiry of China Patent Application, please contact our patent consultant now.