PATENT APPLICATION IN CHINA
| Types of Patents |
- Invention Patents:
Issued for a creation of technical concepts that utilizes the rules of nature to reflect on the application of an article or a method.
- Utility Patents:
Issued for a creation of technical concepts that utilizes the rules of nature to reflect the innovation of a form, construction, or installation of an article that possesses a new purpose or improved efficacy.
- Design Patents:
Issued for a design that uses the shape, pattern, color, or combination of an article to enhance its quality, affinity, and value through visual effects in order to increase market competitiveness and visual contentment.
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| Valid Terms of Patent |
- Invention Patents:
20 years from the filing date of the application
- Utility Patents:
10 years from the filing date of the application
- Design Patents:
10 years from the filing date of the application
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| Patents Application and Examination |
- The patent office will examine the applicant’s qualification after receiving the application. If the qualification examination satisifies the requirements, the applicant will be informed official filing date as well as the serial number, and be issued the notice of receipt of patent application documents. For the applicant who files the application by other ways(e.g. mailing), (s)he will receive the notice of receipt noticing whether the requests will be processed within a month. The applicant needs to pay the filing fees after two months from receivng the notice of receipt of patent application.
- If (a) the Utility and Design patents satisfy the initial examination or (b) the Invention patents satisfy the substantive examination, the patent office will issue the notice of receipt of approbation to the applicant. The applicant needs to apply for registration and pays the filing fees within two months from receiving the notice of receipt. If so, the applicant will be issued the patent certification and be bestowed the patent right. As the patent office entries in the register of patents and advertises notice in the China Intellectual Property Journal, the patent will come into effect.
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| Flow Chart of Application |
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