Patent protection granted in one country does not mean that it will be protected in the same way in other countries. For example, an invention protected in your country may be copied or produced in China. If your invention is not protected when you try to do business in China, you will not be able to sue infringers or prove damages caused by illegal acts.
Like many other countries, the China National Intellectual Property Administration (CNIPA) grants patents on a “first to file” basis, rather than a “first to use” basis, so it is important to protect your invention in China as soon as possible.
The China Intellectual Property Office grants three types of patents:
- An invention patent primarily protects a technical solution that is required to be novel, enable and non-obvious. If granted, the patent will be protected for 20 years from the filing date or priority date of the patent, whichever is earlier.
- Utility model patents cover solutions relating to new shapes, structural physical features, or combinations thereof, and are protected for a period of 10 years from the filing date.
- A design patent covers a unique design relating to a shape, pattern, color, or combination thereof and provides protection for 15 years from the filing date.
According to China’s Patent Law, the following cannot be granted patent protection:
- Scientific discoveries;
- Rules and methods of intellectual activity;
- Methods for diagnosing or treating disease;
- species of plants and animals;
- Materials obtained by or methods of transmutation;
- A design used primarily to mark printed items with patterns, colors, or combinations thereof.
Software programs are also not protected in China. However, if a software program is combined with hardware, it may be granted a patent.
Three ways to file a patent
- File patent applications in China directly with the help of a patent agency or patent attorney;
- Filing an international patent application under the Patent Cooperation Treaty (PCT) and designating China as one of the countries, so the application must be filed with the Chinese patent office no later than 30 months from the priority date;
- One may first apply for a patent in a foreign country, and then file a second application in China within 12 months for invention and utility model patents, or 6 months for design patents, to claim the priority date of the first application. The foreign country must be a member of the Paris Convention.
Application and Required Documents
Foreign patent applicants who do not have a practice in China must submit their applications through a registered Chinese patent agency. You can easily find Chinese intellectual property experts on the iPNOTE Marketplace .
The application form and the following documents must all be in Chinese:
Invention and utility model patents | Design Patents |
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Applications can be submitted in person or by mail to the CNIPA office in Beijing, or through CNIPA representative offices located in provincial intellectual property offices, but the easiest way is to submit them online on the CNIPA website .
Review Process
Once the application is received, the CNIPA will conduct a preliminary examination to determine whether it meets the requirements. For utility model patents and design patents, if there are no grounds for rejecting the application, the patent will be granted.
In case of invention patents, if the Patent Office is satisfied with the preliminary examination, the patent will be issued as well. However, if the applicant wishes to conduct a substantive examination, the Patent Office can proceed with that. This request must be made within three years from the date of application.
If the application is rejected, the applicant may initiate a reexamination of the application through the Reexamination and Invalidation Department (RIDPO) of the CNIPA within three months of receiving the refusal notice.
When the patent was granted
Upon receiving notification from the Patent Office that a patent has been granted, the applicant must formally register the patent within two months, after which a patent certificate will be issued and published. This is an important step, and if it is not carried out, the patent will be considered abandoned.
Please refer to this guide for applicable fees during the patent registration process in China .