How to file a patent in China

With China's increasing attention to Intellectual Property Laws, there has been an explosion in patent applications in the past few years. Chinese Patent Law refers to three kinds of patents: those for invention, for utility models, and for design. A utility model patent has a shorter life span, a lower standard, and a lower cost than an invention patent.

Difficulty: Moderately Challenging

Instructions

Things You'll Need:

• Patent lawyer
• Relevant information and descriptions of your product
• Relevant application fees (for invention patent US$110, for utility model or design US$61)

1. Find a patent attorney to assist you with filing the patent. This is important to assist you with the researching and application process, and to work with the Chinese Patent Office should any problems or concerns arise.

2. Identify the laws which regulate patent applications between your country and China. Under Chinese law, your patent is subject to any laws, regulations, or treaties between your country and China and any international laws to which both countries are party.

3. With the help of your patent attorneys, determine whether or not your idea qualifies for patent application and ensure that your product has not already received a patent in China.

4. Complete a patent “specification.” This will include drawings if necessary, and will clearly and adequately define your idea.

5. Determine the scope of the claims that shall be submitted for patent protection. These must be supported by the specification (which may be used to interpret claims) and define the extent of patent protection. They may not be amended once the application is submitted.

6. File your patent with the Chinese Patent Office. You will need to provide a request for patent application, your specification, and all relevant claims. The Chinese Patent Office will conduct an examination upon your request. If they have any problems with your application, your patent attorneys will work with them and make acceptable changes until the issue is resolved.

7. If your idea has been patented first in another country, you are eligible for a right of priority in China. You must claim this right with a written request and the original patent information. For invention patents, the claim must be filed within twelve months of the priority date. Design and utility model claims must be made within six months of the priority date.

8. If the patent office finds the patent application to be in keeping with Chinese law, it will publish the application 18 months after the date of filing. If the patent passes a Chinese examination of substance, the patent will be granted and will be effective thereafter.

Tips & Warnings

• If you are a US citizen, you must first apply for a foreign filing license with the US patent office.
• If you are a foreigner with no habitual residence or business office in China, you must appoint a patenting agency designated by the state to assist you in the application process.
• Be sure that all relevant requests or declarations are made within the appropriate time period (i.e. request for examination, for priority, etc.) in order to ensure the application process progresses successfully. For example, if an applicant does not file a priority claim within the time limit, the claim will be deemed to have not been made.

Resources

• China Patent FAQ's
• Patent Law of the PRC
• Patent Attorneys

[yuanben]

on 11/11/2008 Yuanben IP Law Office which is located in Beijing can help you apply internation patent in China!!
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Yuanben Intellectual Property Law Office
403, Building Shidai Yucheng,
No.12, Huayuan Road, Haidian District
Beijing 100088 P.R.China

Tel: [phone] Fax: [phone]
[e-mail] www.yuanben-ip.com