Notice of Allowance and Patent Granting in China
Upon receiving a Notice of Allowance, you should pay the required granting fees. After this payment, the patent will be officially published and granted, thereby securing your exclusive rights
Upon receiving a Notice of Allowance, you should pay the required granting fees. After this payment, the patent will be officially published and granted, thereby securing your exclusive rights
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Notice of Allowance and Patent Granting in China
From $90 + govt fees from $10
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An AI-powered IP assistant that helps you create a detailed assignment within minutes.
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Selection of the most suitable local patent attorney based on specific criteria.
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Receiving a Notice of Allowance, handling government fees and issuance of a patent certificate.
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Online monitoring and reporting on the platform throughout the entire process.
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More than 800 IP law firms from 150+ countries, ranking and reviews
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An AI-powered IP assistant that helps create tasks and find relevant attorneys
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Flat fees, secure and fast online payments with guaranteed results
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24/7 access to the registration process and online data storage for all your cases
Frequently Asked Questions
What is patent granting, and why is it important in China?
Patent granting refers to the official approval of a patent application by the China National Intellectual Property Administration (CNIPA), resulting in the issuance of a patent certificate. It is essential in China to secure legal protection for inventions, utility models, or designs, granting exclusive rights to the patent holder.
What are the different types of patents that can be granted in China?
In China, three main types of patents can be granted: Invention patents, which protect new technical solutions; utility model patents, which cover incremental improvements to products or processes; and design patents, which safeguard the ornamental design of a product.
What are the criteria for patent granting in China?
To be granted a patent in China, an invention must be novel, involve an inventive step (for invention patents), be industrially applicable, and meet other formal requirements specified by the CNIPA.
How long does it take to obtain a patent grant in China?
The timeframe for obtaining a patent grant in China can vary depending on factors such as the type of patent, the complexity of the invention, and the workload of the CNIPA. Generally, it takes around 2-4 years for an invention patent and 1-2 years for a utility model or design patent.
What happens after a patent is granted in China?
After a patent is granted in China, the CNIPA issues a patent certificate to the patent holder, confirming their exclusive rights to the invention within the territory of China. The patent holder can then enforce their rights against any unauthorized use, manufacture, sale, or importation of the patented invention.
Is it possible to expedite the patent granting process in China?
Yes, it is possible to expedite the patent granting process in China by requesting prioritized examination or participating in special programs such as the Patent Prosecution Highway (PPH). These options can help reduce the time taken to obtain a patent grant.
What rights does a patent grant provide in China?
A granted patent in China provides the patent holder with exclusive rights to exploit the patented invention, including making, using, selling, offering for sale, and importing the patented product or process within the territory of China. This protection typically lasts for 20 years for invention patents and 10 years for utility model and design patents, subject to payment of maintenance fees.
Can a patent granted in China be invalidated?
Yes, a patent granted in China can be invalidated through various procedures, including administrative invalidation proceedings or court actions. Invalidity can be claimed based on grounds such as lack of novelty, inventive step, or industrial applicability, or failure to comply with formal requirements.
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Patent Granting in China: The Path to Protecting Your Invention
In the realm of intellectual property, securing a patent is a pivotal milestone for inventors and businesses looking to protect their innovative creations. This article unravels the intricacies of patent granting in China, shedding light on the process, key considerations, and the significance of securing patent rights in this dynamic and rapidly evolving market.
What is Patent Granting?
Patent granting is the official recognition and approval by a government authority, such as the China National Intellectual Property Administration (CNIPA) in China, that an invention meets the necessary criteria for patent protection. This recognition grants the inventor exclusive rights to their invention, preventing others from making, using, or selling the patented innovation without permission for a specified period.
Understanding the Patent Granting Process in China
- Application Filing: The journey to patent granting begins with the submission of a patent application to CNIPA. This application includes detailed information about the invention, such as specifications, claims, and any necessary drawings. Use iPNOTE AI search tool for free now!
- Formal Examination: Upon receiving the application, CNIPA conducts a formal examination to ensure it meets the required documentation standards. This includes verifying that the application includes a clear and complete description of the invention.
- Substantive Examination: The substantive examination is a thorough review of the patent application's content to assess the novelty, inventiveness, and industrial applicability of the invention. This phase determines whether the invention is eligible for patent protection.
- Publication: If the patent application passes the substantive examination, CNIPA publishes the details of the invention. This publication allows the public to access information about the patented innovation.
- Opposition Period: Following publication, there is a designated period during which third parties can oppose the grant of the patent by providing reasons for why the patent should not be granted.
- Granting of Patent Rights: Upon successful completion of the examination process and resolution of any opposition, CNIPA grants the patent rights to the inventor. The inventor now has exclusive rights to the invention for a specified period, typically 20 years from the filing date.
Patent Term and Maintenance in China
In China, the standard term for a patent is 20 years from the filing date. It's essential for patent holders to be aware of this timeline and take necessary actions to maintain and enforce their patent rights.
- Maintenance Fees: Patent holders are required to pay maintenance fees to keep their patents in force. These fees are typically due annually, and failure to pay them may result in the expiration of the patent.
- Invalidation Proceedings: Patent rights in China can be subject to invalidation proceedings initiated by third parties. Patent holders must actively defend their patents during such proceedings to retain their exclusive rights.
Key Steps in Patent Granting Action in China
- Comprehensive Application Preparation: Invest time and effort in preparing a comprehensive patent application that clearly describes the invention and its innovative aspects. Use iPNOTE AI search tool for free now!
- Navigating the Examination Process: Understand the formal and substantive examination processes conducted by CNIPA and ensure your application meets the necessary criteria.
- Timely Payment of Maintenance Fees: Stay vigilant about the deadlines for maintenance fee payments to prevent unintentional expiration of the patent.
- Active Defense in Invalidation Proceedings: If faced with invalidation proceedings, engage legal professionals to actively defend the patent and provide robust arguments in its favor.
Why should you choose iPNOTE?
Our services are 5 times cheaper than those of large law firms. The preparation of documents is 10 times easier than attempting to do it on your own.
We provide a user-friendly public marketplace where you can explore service providers, leave feedback, and get in touch with their representatives. The system automatically generates invoices from the providers. iPNOTE provides the opportunity to collaborate with contractors while minimizing unnecessary intermediaries.
With iPNOTE, you'll definitely find a suitable contractor. We guarantee at least one proposal within 48 hours, but usually, multiple options are available within a few hours.
All service providers on the platform are verified. The certification process for intellectual property specialists is conducted manually, ensuring thorough verification rather than relying on automated systems.
iPNOTE partners with lawyers from different countries, so you can find a contractor for patent registration in any country.
How does patent granting via iPNOTE work?
The majority of patent-related tasks are standard in nature and can be completed by experienced professionals in just a few hours. To find your intellectual property lawyer through iPNOTE, you should:
1. Fill out a short form to create an account on the platform.
2. Create a task in the desired region. We operate in China and worldwide.
3. Choose a contractor from the providers we recommend.
4. Receive the completed documentation.
If you're not satisfied with the result, we will provide a refund. If you find the selected contractor unsuitable during the course of work, we'll offer a replacement.
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