There are Inventions, Utility models and Designs patent.
What distinct subjects are protected by Chinese patent law?
Inventions and utility models are innovations in the field of technology. Invention patents are for more substantive technical innovations, whereas utility model patents are intended for smaller technical improvements. Design patents cover
What kind of invention / utility patent application could be granted in China?
To be patentable, the claimed invention/utility model must be new and inventive over the prior art, and must posses practical applicability. ign patents cover innovations in the field of styling.
What’s the difference of grant between invention and utility model patents?
An invention patent is granted for inventions, i.e. any new technical solution relating to a product, a process or improvement thereof. A utility patent is granted for utility models, i.e. any new technical solution relating to the shape, t
What kind of matters could not apply for invention / utility patents application in China?
Scientific discoveries. Rules and methods of intellectual activities. New varieties of plants and animals, not including the breeding processes for new varieties of plants and animals. Diagnostic, therapeutic or surgical methods for treatin
How to define the concept of “new/novel” in Chinese patent application?
Novelty is one of the three most important factors for a Chinese patent application to be patentable. While the other two factors are inventiveness and practical applicability. To be patentable, the claimed subject matter of an invention/ut
How to define the concept of “inventive /creative” in Chinese patent application?
As regards invention patents, inventiveness means that compared with the prior art the invention has prominent substantive features and represents a notable progress. As regards utility patents, inventiveness means that compared with the pr
What distinct subjects would be granted of a design patent in China?
A design patent is granted for original designs relating to the shape, pattern, colour or a combination thereof of an object (i.e. with respect to a specific object, but not per se ).
What is the concept of “prior art” in Chinese patent laws?
Under the 2009 Patent Law, prior art includes any technology known to the public in China or abroad before the filing date (absolute novelty).
What is the concept of “prior design” in Chinese patent law?
Under the 2009 Patent Law, prior design includes any design known to the public in China or abroad before the filing date (absolute novelty). Furthermore, the claimed design must be new over the so-called secret prior design, i.e. all yet u
What is the term of protection of an invention/utility model/design patent in China?
Invention: 20 years from the filing date; Utility Model: 10 years from the filing date; Design: 10 years from the filing date.
How does foreigner file a patent application in China?
Foreigners could obtain patent protection in China, one way is to file a first patent application in a foreign country (must be a Member State of the Paris Convention, like all EU countries), and then file a second patent application in Chi
Does a PCT application disclosed in English could be as reference when the Chinese translation errors happen in filing a Chinese patent application?
The national Chinese patent application has to be in Chinese language, and only the Chinese patent claims eventually determine the scope of protection. Therefore, a very careful translation of the application is of utmost importance. Howeve
What is meaning of “CNIPA”?
SIPO is short for the Chinese State Intellectual Property Office (which is directly under the State Council) has currently two main divisions: the Patent Office and the Patent Re-examination Board (PRB).
What is function of the Patent Office?
What is function of the Patent Office?
The Patent Office of SIPO receives and examines patent applications (and semiconductor layout designs registrations).
What is function of the Patent Re-examination Board?
The PRB handles patent re-examination requests (i.e. appeals of rejections by the Patent Office), and invalidation requests (filed against an issued patent). Local intellectual property offices (IPOs) are in charge of administrative patent
The PRB handles “patent re-examination requests” (i.e. appeals of rejections by the Patent Office), and “invalidation requests” (filed against an issued patent). Local intellectual property off
Basically there are three stages: Filing stage, examination stage and granting stage. A re-examination stage would happen if the applicant files a request for re-examination.
Does examination stage is the same for three patent applications (invention / utility model / design)?
No. They are not the same. There is a two-step examination procedure for invention patent applications, i.e.: Preliminary examination and substantive examination. But for utility model or design patent, The Patent Office only conducts a for
Are there invalidation proceedings in Chinese patent law?
There are invalidation proceedings in Chinese patent law. Any entity or individual may file a request with the Patent Re-examination Board (PRB) of SIPO to declare the patent invalid. The petitioner does not need to show any particular lega
What is the ground of filing an invalidation request for invention/utility model patents?
The petitioner can raise inter alia one or more of the following grounds for invalidation: Invention and Utility Model patents The claimed subject matter is not new and/or inventive over the prior art. The claimed subject matter does not ha
What is the ground of filing an invalidation request for design patents?
The petitioner can raise inter alia one or more of the following grounds for invalidation: The claimed design is not new (i.e. it belongs to the prior design), and/or is not obviously different from the prior design or the combination of fe
When a re-examination request could be filed?
If the Patent Office rejects a patent application, the applicant may file a request for re-examination with the PRB. The request must be filed within three months from the date of receipt of the decision.
What applicant could do if he disagrees with the decisions of re-examination?
Decisions of the PRB can be appealed to the Beijing First Intermediate Court (3 months deadline). A further appeal can be filed with the High Peoples Court of Beijing (15days deadline), and in exceptional cases with the Supreme Peoples Cour
What behaviors belong to the infringement act in accordance with Patent Law?
Without the authorisation of the patentee (applicable to invention patents, utility patents, as well as design patents) no entity or individual may exploit the patent, i.e. make, use, offer to sell, sell or import the patented product, or us
What are the possible defences of the alleged infringer?
Private use (non-commercial use); Attacked embodiment belongs to the prior art or prior design (prior art defence); Use solely for the purpose of scientific research and experimentation; Absent wilful patent infringement retailers, distribu
What options could patentees have if they discover their rights are being infringed?
In accordance with the legislation of the PRC, patentees have three main options for enforcement once they discover that their rights are being infringed, i.e. administrative enforcement, judicial enforcement and customs enforcement. Howeve
What is a patent evaluation report?
A patent evaluation report is an analysis of the validity of a utility model patent or an invention patent. The report is prepared by the SIPO upon request by the patentee or an interested party such as the exclusive licensee or a nonexclus
What is the importance of a patent evaluation report?
In practice, the patentee may consider requesting an evaluation report before filing an infringement action to speed up the infringement proceedings and to avoid a negative outcome of possible re-examination proceedings. However, if the pat
Could any pending application or registered patent be assigned to another party?
A pending application or registered patent may be assigned to another party. The assignment must be registered with the Patent Office. The assignment takes effect on the date of registration. If the assignment is from a PRC assignee to a fo
Could the registered patent be licensed to another party? Does the contract need to be recorded before CNIPA?
A patent holder may also license its patent to other parties. A written contract should be recorded within 3 months although there are no penalties imposed by the Patent Office if this is not done.
What’s the definition of INVENTIONS in accordance with China’s Patent Law?
Inventions mean new technical solutions proposed for a product, a process or the improvement thereof.
What’s the definition of UTILITY MODELS in accordance with China’s Patent Law?
Utility models mean new technical solutions proposed for the shape and structure of a product, or the combination thereof, which are fit for practical use.
What’s the definition of DESIGNS in accordance with China’s Patent Law?
Designs mean, with respect to a product, new designs of the shape, pattern, or the combination thereof, or the combination of the color with shape and pattern, which are rich in an aesthetic appeal and are fit for industrial application.
What is the difference of administrative range between State and Provincial offices?
The Patent Administration Department under the State Council is responsible for the administration of patent-related work nationwide. It accepts and examines patent applications in a uniform way and grant patent rights in accordance with la
What would a patent do if it involves in involves national security?
Where an invention-creation for the patent of which an application is filed involves national security or other major interests of the State and confidentiality needs to be maintained, the application shall be handled in accordance with the
What is employment invention-creation?
An invention-creation that is accomplished in the course of performing the duties of an employee, or mainly by using the material and technical conditions of an employer shall be deemed an employment invention-creation.
Who has the patent right of an employment invention-creation?
For an employment invention-creation, the employer has the right to apply for a patent. After such application is granted, the employer shall be the patentee.
If an employment invention-creation is accomplished by different persons in collaboration, how about the patent right of the patent?
With regard to an invention-creation accomplished by two or more units or individuals in collaboration, or an invention-creation accomplished by an unit or individual under the entrustment of another unit or individual, the right to apply f
Could applicant apply for both invention patent and utility patent for the same application?
Only one patent can be granted for the same invention. However, where the same applicant applies for a utility model patent and an invention patent with regard to the same invention on the same day, if the utility model patent acquired earl
Who will have the patent right if two or more applicants apply for a patent for the same invention separately?
If two or more applicants apply for a patent for the same invention separately, the patent right shall be granted to the first applicant.
Could applicant/ patent transferred his patent right?
The right to apply for a patent and patent rights may be transferred. If a Chinese unit or individual intends to transfer the right to apply for a patent or patent rights to a foreigner, foreign enterprise or other foreign organization, it
What would applicant/patent do if he would file a transfer for his patent and patent rights?
For the transfer of the right to apply for a patent or of patent rights, the parties concerned shall conclude a written contract and file for registration at the patent administration department under the State Council, and the latter shall
When will the transfer of a patent and patent rights become effective?
The transfer of the right to apply for a patent or of patent rights shall become effective as of the registration date.
What kind of behaviors/actions would violate the legitimate right of patentee, who has invention or utility model patent in China?
After the patent right is granted for an invention or a utility model, unless otherwise provided for in this Law, no unit or individual may exploit the patent without permission of the patentee, i.e., it or he may not, for production or bus
What kind of behaviors/actions would violate the legitimate right of patentee, who has design patent in China?
After a design patent right is granted, no unit or individual may exploit the patent without permission of the patentee, i.e., it or he may not, for production or business purposes, manufacture, offer to sell, sell or import the design pate
What a unit or individual should do if he is permitted to use the patent rights of patentee?
Any unit or individual that intends to exploit the patent of another unit or individual shall conclude a contract with the patentee for permitted exploitation and pay the royalties. The permittee shall not have the right to allow any unit o
When patent could start to charge the royalty of his patent application if he has permitted the rights to others?
After the application for an invention patent is published, the applicant may require the unit or individual that exploits the said patent to pay an appropriate amount of royalties.
What are the differences of the exercise of patent rights if agreements exist among co-owners?
If there are agreements regarding the exercise of rights by the co-owners of the right to apply for the patent or of the patent right, the agreements shall prevail. In the absence of such agreements, the co-owners may separately exploit the
Could patentee mark his patent on his products?
The patentee shall have the right to have his patent mark displayed on the patented products or the package of such products.
How could foreigners or foreign enterprise or organization who has no regular residence or business in China apply for Chinese patents?
If a foreigner, foreign enterprise, or other foreign organization without a regular residence or business site in China intends to apply for a patent or handle other patent-related matters in China, he or it shall entrust a legally establis
What procedure should pay attention if any unit or individual apply for a patent in a foreign country?
Any unit or individual that intends to apply for patent in a foreign country for an invention or utility model accomplished in China shall submit the matter to the patent administration department under the State Council for confidentiality
What procedure should pay attention if any unit or individual apply for an international patent?
A Chinese unit or individual may file for international patent applications in accordance with the relevant international treaties to which China has acceded.
What condition for granting patent right in China?
Inventions and utility models for which patent rights are to be granted shall be ones which are novel, creative and of practical use.
What is the idea of novelty?
Novelty means that the invention or utility model concerned is not an existing technology; no patent application is filed by any unit or individual for any identical invention or utility model with the patent administration department under
What is the idea of creativity?
Creativity means that, compared with the existing technologies, the invention possesses prominent substantive features and indicates remarkable advancements, and the utility model possesses substantive features and indicates advancements.
What is the idea of practical use?
Practical use means that the said invention or utility model can be used for production or be utilized, and may produce positive results.
What is the idea of existing technologies?
For the purposes of this Law, existing technologies mean the technologies known to the public both domestically and abroad before the date of application.
What documents are needed when apply for an invention or utility model patent?
When a person intends to apply for an invention or utility model patent, he shall submit the relevant documents, such as a written request, a written description and its abstract, and a written claim.
What is the requirement of a written request?
In the written request shall be specified the name of the invention or utility model, the name of the inventor or designer, the name or title and the address of the applicant and other related matters.
What is the requirement of a written description?
The written description shall contain a clear and comprehensive description of the invention or utility model so that a technician in the field of the relevant technology can carry it out; when necessary, pictures shall be attached to it.
What is the requirement of a written claim?
The written claim shall, based on the written description, contain a clear and concise definition of the proposed scope of patent protection.
What is the requirement of filing a design patent?
When a person intends to apply for a design patent, he shall submit a written request, drawings or pictures of the design, a brief description of the design, and other relevant documents. In the relevant drawings or pictures submitted by th
How does CNIPA define the filing date of the patent application?
The date when the patent administration department under the State Council receives the patent application documents is the date of application. If the application documents are delivered by post, the date of the postmark is the date of app
What is the requirement for a patent firstly filed in foreign countries to have right of priority?
If, within twelve months from the date the applicant first files an application for an invention or utility model patent in a foreign country, or within six months from the date the applicant first files an application for a design patent i
What is the requirement for a patent firstly filed in China to have right of priority?
If, within twelve months from the date the applicant first files an application for an invention or utility model patent in China, he files an application for a patent with the patent administration department under the State Council for th
What is the requirement of filing a request for the right of priority?
An applicant who requests the right of priority shall submit a written declaration at the time of application and submit, within three months, duplicates of the patent application documents filed for the first time. Where no written declara
What is the basic requirement of filing an invention or a utility model patent application?
An application for an invention patent or utility model patent shall be limited to one invention or utility model. Two or more inventions or utility models embodied in a single general invention concept may be handled with one application.
What is the basic requirement of filing a design patent?
An application for a design patent shall be limited to one design. Two or more similar designs of one and the same product or two or more designs of products of the same kind that are sold or used in sets may be handled with one application
Could applicant withdraw his application after filing?
An applicant may withdraw his patent application anytime before being granted the patent right.
What is the principle of amending the application?
An applicant may amend his patent application documents, provided that the amendment to the invention or utility model patent application documents does not exceed the scope specified in the original written descriptions and claims, or that
When the application will publish after filing?
Upon receipt of an invention patent application, if the patent administration department under the State Council, after preliminary examination, confirms that the application meets the requirements of this Law, it shall publish the applicat
When the application will publish after filing with a request of earlier publication?
here an applicant requests his application to be published on an earlier date, before it is found to pass the preliminary examination, such preparation shall start from the date on which the application is found in conformity with the requi
When is the deadline for filing a request for substantive examination?
Within three years from the date an invention patent application is filed, the patent administration department under the State Council may, upon request made by the applicant at any time, carry out substantive examination of the applicatio
What kind of materials should provide before/when requesting substantive examination?
When an applicant for an invention patent requests substantive examination, he shall submit the reference materials relating to the invention existing prior to the date of application.
What is the result of failing to file said materials?
If an application has been filed for an invention patent in a foreign country, the patent administration department under the State Council may require the applicant to submit, within a specified time limit, materials concerning any search
What should applicant do after receiving office action in substantive examination stage?
After the patent administration department under the State Council has made the substantive examination of the invention patent application, if it finds that the application does not conform to the provisions of this Law, it shall notify th
What would happen if the application still be considered not conform to the Patent Law?
After the applicant states his opinions on or makes amendment to the invention patent application, if the patent administration department under the State Council still believes the application does not conform to the provisions of this Law
Under what situation, the patent application will be granting?
If no reason for rejection is discerned after an invention patent application is substantively examined, the patent administration department under the State Council shall make a decision on granting of the invention patent right, issue an
What could applicant do if he is not satisfied with the rejection decision of CNIPA?
If a patent applicant is dissatisfied with the decision made by the Patent Administration Department under the State Council on rejecting of the application, he may, within three months from the date of receipt of the notification, file a r
What could applicant do if he is not satisfied with the rejection decision of Patent Review Board?
If the patent applicant is dissatisfied with the review decision made by the patent review board, he may take legal action before the peoples court within three months from the date of receipt of the notification.
When should applicant pay the annual fee for his patent(s)?
The patentee shall pay annual fees commencing from the year when the patent right is granted.
Under what situation, the patent right is deemed as terminated?
Under any of the following circumstances, the patent right shall be terminated before the expiration of the duration: (1) failure to pay the annual fee as required; or (2) the patentee waiving of the patent right by a written declaration; I
Is it possible for a person to declare invalidation to a patent?
Beginning from the date the patent administration department under the State Council announces the grant of a patent right, if a unit or individual believes that such grant does not conform to the relevant provisions of this Law, it or he m
what a person could do if he is dissatisfied with the result of decision of invalidation of his patent?
A person that is dissatisfied with the patent review boards decision on declaring a patent right invalid or its decision on affirming the patent right may take legal action before a peoples court, within three months from the date of receip
What is the legitimate enforcement of a patent which has been claimed invalided?
The decision on declaring a patent right invalid shall have no retroactive effect on any written judgment or written mediation on patent infringement that has been made and enforced by the peoples court, or on any decision concerning the ha
Under what situation, a patent would be granted a compulsory license for exploitation?
Under any of the following circumstances, the patent administration department under the State Council may, upon application made by any unit or individual that possesses the conditions for exploitation, grant a compulsory license for explo
Will patents related to medicine or drug be compulsory licensed?
For the benefit of public health, the patent administration department under the State Council may grant a compulsory license for manufacture of the drug, for which a patent right has been obtained, and for its export to the countries or re
Does a person or unit own the patent if he is granted a compulsory license for exploitation?
Any unit or individual that is granted a compulsory license for exploitation shall not have an exclusive right to exploitation and shall not have the right to allow exploitation by others.
What is the compensation if a compulsory license for exploration happens?
The unit or individual that is granted a compulsory license for exploitation shall pay reasonable royalties to the patentee, or handle the issue of royalties in accordance with the provisions of the relevant international treaties to which
What could applicant if he is dissatisfied with the decision of the Department on compulsory license for exploration?
If a patentee is dissatisfied with the decision made by the patent administration department under the State Council -on granting of the compulsory license for exploitation, or if the patentee, or the unit or individual that has obtained th
What is the scope of protection of an invention or utility model patent?
For the patent right of an invention or a utility model, the scope of protection shall be confined to what is claimed, and the written description and the pictures attached may be used to explain what is claimed.
What is the scope of protection of a design patent?
For the design patent right, the scope of protection shall be confined to the design of the product as shown in the drawings or pictures, and the brief description may be used to explain the said design as shown in the drawings or pictures.
What could patentee do if his patent right is infringed?
If a dispute arises as a result of exploitation of a patent without permission of the patentee, that is, the patent right of the patentee is infringed, the dispute shall be settled through consultation between the parties. If the parties ar
Which actions the Department will take if confirming the infringement?
If, when handling the dispute, the said department believes the infringement is established, it may order the infringer to cease the infringement immediately; if the infringer is dissatisfied with the order, he may, within 15 days from the
What evidence should show on an invention patent infringement?
If a dispute over patent infringement involves an invention patent for the method of manufacturing a new product, the unit or individual manufacturing the same product shall provide evidence to show that the manufacturing method of their ow
What evidence should show on a utility model/design patent infringement?
If a dispute over patent infringement involves a utility model patent or a design patent, the peoples court or the administration department for patent-related work may require the patentee or the interested parties to present a patent righ
Does a person accused for infringement actually violate the Law if the evidence for his infringement belongs to existing technology or design?
In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design exploited is an existing technology or design, the exploitation shall not constitute a patent right infringement.
What is the punishment if a person counterfeits a patent of another person?
A person who counterfeits the patent of another person shall, in addition to bearing civil liabilities in accordance with law, be ordered by the administration department for patent-related work to put it right, and the department shall mak
How to judge the amount of compensation in the infringement?
The amount of compensation for patent right infringement shall be determined according to the patentees actual losses caused by the infringement. If it is hard to determine the actual losses, the amount of compensation may be determined acc
How to judge the amount of compensation if the losses are hard to determine?
If the losses of the patentee, benefits of the infringer, or royalties of the patent are all hard to determine, the peoples court may, on the basis of the factors such as the type of patent right, nature of the infringement, and seriousness
What could applicant do if he has evidence to prove others infringing his legitimate rights, otherwise will suffer great losses?
If the patentee or interested party has evidence to prove that another person is committing or is about to commit a patent infringement, which, unless being checked in time, may cause irreparable harm to his lawful rights and interests, he
When will the official take action after receiving aforesaid request?
The peoples court shall make a ruling within 48 hours from the time of its acceptance of the application. If an extension is needed under special circumstances, a 48-hour extension may be allowed. If a ruling is made to order to have the re
Is it necessary to provide Chinese translation of a certifying document or certificate to be filed?
Where any certificate or certifying document submitted in accordance with the provisions of the Patent Law and these Rules is in a foreign language, the patent administration department of the State Council may, when it deems it necessary,
How to confirm to the filing date of a patent application sent by mail in China?
Where any document is sent by mail to the patent administration department of the State Council, the date of mailing indicated by the postmark on the envelope shall be deemed to be the date of filing; where the date of mailing indicated by
Which date is presumed the party receives the document by mail?
Where any document is sent by mail by the patent administration department of the State Council, the 16th day from the date of mailing shall be presumed to be the date on which the party concerned receives the document.
Is it possible to contain explanatory notes in an invention or utility model patent?
The drawings shall not contain any other explanatory notes, except for words which are indispensable.
What information record in claims?
The claims shall specify the technical features of an invention or utility model.
How to number the claims?
If there are several claims, they shall be numbered consecutively in Arabic numerals.
Is it possible to contain chemical or mathematical formulae in claims by picture?
The scientific and technical terms used in the claims shall be consistent with those used in the description, and the claims may contain chemical or mathematical formulae but no drawings.
Is it possible to contain reference sign in claims?
The technical features mentioned in the claims may, in order to facilitate understanding of the claims, make reference to the corresponding reference signs in the drawings of the description, and such reference signs shall follow the corres
What is required for an independent claim in the publication?
The independent claim shall outline the technical solution of an invention or utility model and state the essential technical features necessary for the solution of its technical problem.
What is required for a dependent claim in the publication?
The dependent claim shall, by additional technical features, further define the claim to which it refers.
What’s the requirement of the written independent claim?
An independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion.
What’s the preamble portion of an independent claim?
a preamble portion: indicating the title of the claimed subject matter of the technical solution of the invention or utility model, and those technical features which are necessary for the definition of the claimed subject matter but which,
What's the characterizing portion of an independent claim?
a characterizing portion: stating, in such words as characterized in that or in similar expressions, the technical features of the invention or utility model, which distinguish it from the most related prior art. Those features, in combinat
Is it possible to write independent claims without preamble and characterizing portion?
Where the manner specified in the preceding paragraph is not appropriate to be followed because of the nature of the invention or utility model, an independent claim may be presented in a different manner.
How many independent claims could be written in an invention or utility model?
An invention or utility model shall have only one independent claim, which shall precede all the dependent claims relating to the same invention or utility model.
What's the requirement of the written dependent claim?
Any dependent claim of an invention or utility model shall contain a reference portion and a characterizing portion, and be presented in the following manner.
What's the reference portion of a dependent claim?
A reference portion: indicating the serial number(s) of the claim(s) referred to, and the title of the subject matter.
What's the characterizing portion of a dependent claim?
A characterizing portion: stating the additional technical features of the invention or utility model.
How many independent claims allowed in an invention/utility model?
Any dependent claim shall only refer to the preceding claim or claims. A multiple dependent claim, which refers to two or more claims, shall refer to the preceding claims in the alternative only, and shall not serve as a basis for any other
What’s the requirement of writing the abstract of the description?
The abstract of the description shall consist of a summary of the disclosure as contained in the application for patent for invention or utility model. The summary shall indicate the title of the invention or utility model, and the technica
Is it possible to contain chemical formula in the abstract of the description?
The abstract of the description may contain the chemical formula which best characterizes the invention; in an application for a patent which contains drawings, the applicant shall provide a figure which best characterizes the technical fea
What’s requirement of drawings/figures in an invention/utility model?
The scale and the distinctness of the figure shall be as such that a reproduction with a linear reduction in size to 4cm 6cm would still enable all details to be clearly distinguished.
How many words limited in the abstract?
The text of the abstract shall contain no more than 300 words.
Is it possible to contain commercial advertising in the abstract?
There shall be no commercial advertising in the abstract.
What information is needed where the applicant for a patent for invention has deposited a sample of biological material, and after the application for patent for invention is published, any entity or
(1) the title or name and address of the person making the request; (2) an undertaking not to make the biological material available to any other person; and (3) an undertaking to use the biological material for an experimental purpose only
What are genetic resources referred to in the Patent Law?
Genetic resources referred to in the Patent Law means the materials of actual or potential value which are obtained from human bodies, animals, plants and microorganisms and contain functional units of heredity.
What is an invention accomplished by relying on genetic resources?
an invention-creation accomplished by relying on genetic resources referred to in the Patent Law means an invention-creation accomplished by the use of the heredity function of genetic resources.
Is it necessary to file in forms to apply for invention relying on genetic resources?
Where an application for patent is filed for an invention-creation accomplished by relying on genetic resources, the applicant shall state that fact in the request, and fill in the forms provided by the patent administration department of t
What should applicant do if he wants to protect the colors, drawings or photographs?
Where an applicant seeks the protection of colors, drawings or photographs in color shall be submitted.
What information shall indicate in the brief explanation of a design?
The brief explanation of a design shall indicate the title and use of the product incorporating the design and the essential feature of the design, and designate a drawing or photograph which best shows the essential feature of the design.
Is it necessary to submit the design which is omitted?
Where the view of the product incorporating the design is omitted or where concurrent protection of colors is sought, this shall be indicated in the brief explanation.
Can applicant apply for design patent in combination?
Yes, but where an application for patent for design is filed for two or more similar designs incorporated in the same product, one of these designs shall be indicated as the main design in the brief explanation.
What is the requirement of brief explanation of design patent?
The brief explanation shall not contain any commercial advertising and shall not be used to indicate functions of the product.
Is it normal being asked to submit sample of a design patent to CNIPA?
Where the patent administration department of the State Council deems it necessary, it may require the applicant for a patent for design to submit a sample or model of the product incorporating the design.
What’s the requirement of the sample of a design patent to CNIPA?
The volume of the sample or model submitted shall not exceed 30cm 30cm 30cm, and its weight shall not surpass 15 kilograms.
Is it possible to submit any sample of a design patent to CNIPA?
Articles which are easy to get rotten or broken or articles which are dangerous shall not be submitted as the sample or model.
What kind of international exhibitions are recognized by CNIPA concerning novelty?
An international exhibition recognized by the Chinese Government referred to in subparagraph (1) of Article 24 of the Patent Law means an international exhibition which is registered with or recognized by the International Exhibitions Burea
What kind of academic or technological meetings are recognized by CNIPA concerning novelty?
An academic or technological meeting referred to in subparagraph (2) of Article 24 of the Patent Law means an academic or technological meeting organized by a competent department concerned of the State Council or by a national academic or
What applicant shall do if claiming the novelty based on international exhibitions or academic or technological meetings to CNIPA?
Where any invention-creation for which a patent is applied falls under the provisions of subparagraph (1) or (2) of Article 24 of the Patent Law, the applicant shall, when filing the application, make a declaration and, within two months fr
How to prove contents of patent application are divulged by others without the consent of the applicant?
Where any invention-creation for which a patent is applied falls under the provisions of subparagraph (3) of Article 24 of the Patent Law, the patent administration department of the State Council may, when it deems it necessary, require th
What shall applicant file to CNIPA if claiming foreign priority?
Where an applicant claims the right of foreign priority in accordance with the provisions of Article 30 of the Patent Law, the copy of the earlier application documents submitted by the applicant shall be certified by the authority with whi
How to CNIPA confirm the foreign priority that applicant claim?
Where, in accordance with the agreement between the patent administration department of the State Council and the said authority, the patent administration department of the State Council obtains a copy of the earlier application documents
What shall applicant file to CNIPA if claiming domestic priority?
Where, in claiming the right of domestic priority, the applicant has indicated the date of filing and the filing number of the earlier application in the request, the copy of the earlier application documents shall be deemed to have been su
What’s the decision of CNIPA if not claiming priority based on the Rules?
Where such one or two particulars as the date of filing, the filing number of the earlier application, or the title of the authority with which the earlier application was filed are omitted or written in error in the request when the right
How to prove the right of priority if the submitting information is not well-match?
Where the name or title of the applicant who claims the right of priority does not tally with the one recorded in the copy of the earlier application, the applicant shall submit a document certifying the assignment of the right of priority.
Is it necessary to submit brief explanation for a design patent fling?
Where any applicant claims a right of foreign priority for his or its application for patent for a design, and no brief explanation of the design was contained in the earlier application, he or it shall not be adversely affected for enjoyin
How many priority applicant may claim?
An applicant may claim one or more priorities for an application for a patent; where multiple priorities are claimed.
How to calculate the priority period if claiming multiple priorities?
The priority period for the application shall be calculated from the earliest priority date.
Is it possible to file a same subject invention application if claiming the domestic priority?
Where an applicant claims the right of domestic priority and if the earlier application is one for a patent for invention, the applicant may file an application for a patent for invention or utility model for the same subject matter.
Is it possible to file a same subject utility model application if claiming the domestic priority?
if the earlier application is one for a patent for utility model, the applicant may file an application for a patent for utility model or invention for the same subject matter.
Under what situation did the application not claim any priority?
However, if the subject matter of the earlier application falls under any of the following circumstances when the later application is filed, it may not be taken as the basis for claiming the domestic priority: (1) where the subject matter
What’s the effect if the later application claims priority but not obey the rules?
Where an applicant claims the domestic priority, the earlier application shall be deemed to be withdrawn from the date on which the later application is filed.
What applicant who has no residence or business office in China should to to claim a foreign priority?
Where an application for patent is filed or the right of foreign priority is claimed by an applicant having no habitual residence or business office in China, the patent administration department of the State Council may, when it deems it n
What’ the distinguished of two or more inventions or utility models belong to a single general inventive concept?
Two or more inventions or utility models belonging to a single general inventive concept which may be filed as one application in accordance with the provisions of the first paragraph of Article 31 of the Patent Law shall be technically int
Could applicant apply for design application with some similar ones?
Where two or more similar designs of the same product are filed in one application in accordance with the provisions of the second paragraph of Article 31 of the Patent Law, the other designs of the product shall be similar to the main desi
How many similar designs can apply for together?
The number of similar designs contained in an application for patent for design shall not exceed 10.
How to distinguish the designs of the same class?
The two or more designs of products belonging to the same class and sold or used in sets as referred to in the second paragraph of Article 31 of the Patent Law mean that, each product incorporating the design belongs to the same class in th
What’s required when applying designs as one application?
Where two or more designs are filed as one application, they shall be numbered consecutively and the numbers shall precede the titles of the drawings or photographs of the product incorporating the design.
Could applicant withdraw the patent application?
Yes. Applicant could withdraw the patent application in accordance with the rules.
What’s required when withdrawing an application?
When withdrawing an application for a patent, the applicant shall submit to the patent administration department of the State Council a declaration whereby stating the title of the invention-creation, the filing number and the date of filin
Will the application keep publishing after the withdrawing?
Where a declaration to withdraw an application for a patent is submitted after the preparations for the publication of the application documents have been completed by the patent administration department of the State Council, the applicati
Which patent application that CNIPA will not receive?
In any of the following circumstances, the patent administration department of the State Council shall refuse to accept the application and notify the applicant accordingly: (1) where the application for a patent for invention or utility mo
Will the submitting of drawings affect the filing date?
If the drawings are submitted by the applicant at a later date, the date of their submission or mailing to the patent administration department of the State Council shall be the date of filing of the application; if the explanatory notes to
Is possible two different applicants respectively have the same invention patents?
Where two or more applicants respectively file, on the same day (which means the date of filing or, where priority is claimed, the priority date), applications for patent for the identical invention-creation, they shall, after receipt of a
Is possible for an applicant fie invention and utility model patent on the same day?
Where an applicant files on the same day (which means the date of filing) applications for both a patent for utility model and a patent for invention for the identical invention-creation, he or it shall, when filing the applications, state
Will the administration remind applicant of the invention and utility model patent filed on the same day if the utility model one granted?
Where the patent administration department of the State Council announces the grant of a patent for utility model, it shall announce the statement made by the applicant in accordance with the provision of the second paragraph of this Articl
Will the administration remind applicant the grant of invention patents if the same subject utility model patent granted before?
Where it is found after examination that there is no ground for rejecting the application for patent for invention, the patent administration department of the State Council shall notify the applicant that he or it is required to declare, w
After declaring the abandonment of the utility model, will the administration grants for the invention patent which has rejections anymore?
If the applicant so declares, the patent administration department of the State Council shall make a decision to grant a patent for invention, and announce at the same time both the grant of the patent for invention and the declaration of t
Could applicant not make abandonment of the utility model patent but receive the invention patent of the same subject?
If the applicant refuses to abandon his or its patent for utility model, the patent administration department of the State Council shall reject the application for patent for invention; if the applicant fails to respond within the specified
When will the utility model invalid if it declares abandonment of the same subject invention patent?
The patent right for utility model ceases from the date of the announcement of grant of the patent for invention.
Could applicant file divisional application?
Where an application for a patent contains two or more inventions, utility models or designs, the applicant may, before the expiration of the time limit provided for in the first paragraph of Article 54 of these Rules, submit to the patent
Could an applicant file a divisional application of other type?
The type of the divisional application shall be the same as that of the initial application.
Will the divisional application having the same priority as the original application?
A divisional application filed in accordance with the provisions of Article 42 of these Rules shall be entitled to the date of filing and, if priority is claimed, the priority date of the initial application, provided that the divisional ap
What information is needed for filing divisional application?
The filing number and the date of filing of the initial application shall be indicated in the request of the divisional application. When the divisional application is filed, it shall be accompanied by a copy of the initial application; if
What is preliminary examination?
Preliminary examination referred to in Articles 34 and 40 of the Patent Law means the check of an application for a patent to see whether or not it contains the documents as provided for in Article 26 or 27 of the Patent Law and other neces
What is the importance of making rectification?
The patent administration department of the State Council shall notify the applicant of its opinions after checking his or its application and require him or it to state his or its observations or to rectify his or its application within a
How applicant confirms submitting enough filing information or document?
Apart from an application for patent, any other document relating to the patent application which is submitted by the applicant to the patent administration department of the State Council shall, in any of the following circumstances, be de
When filing a design patent, dose applicant need to indicate the class of his products?
The applicant shall, when indicating a product incorporating the design and the class to which that product belongs, refer to the classification of products for designs published by the patent administration department of the State Council.
Could anyone submit observation to a granted patent?
Any person may, from the date of publication of an application for a patent for invention till the date of announcing the grant of the patent right, submit to the patent administration department of the State Council his or its observation,
Could applicant delay to submit documents concerning any search or results of any examination?
Where the applicant for a patent for invention cannot furnish, for justified reasons, the documents concerning any search or results of any examination specified in Article 36 of the Patent Law, he or it shall make a statement to the patent
Could applicant amend his invention patent after filing?
When requesting for examination as to substance, or within three months from the date of receipt of the notification from the patent administration department of the State Council that the application has entered into examination as to subs
Could applicant amend his utility model patent after filing?
Within two months from the date of filing, the applicant for a patent for utility model may amend the application for a patent for utility model on his or its own initiative.
Could applicant amend his design patent after filing?
Within two months from the date of filing, the applicant for a patent for design may amend the application for a patent for design on his or its own initiative.
What applicant should file when amend his invention patent after filing?
When any amendment is made to the description or the claims in an application for a patent for invention, a replacement sheet in prescribed form shall be submitted, unless the amendment concerns only the alteration, insertion or deletion of
What applicant should file when amend his utility model patent after filing?
When any amendment is made to the description or the claims in an application for a patent for utility model, a replacement sheet in prescribed form shall be submitted, unless the amendment concerns only the alteration, insertion or deletio
What applicant should file when amend his design model patent after filing?
Where an amendment to the drawings or photographs of an application for a patent for design is made, a replacement sheet shall be submitted as prescribed.
What’s deadline of applicant shall complete the granting of patent application?
After the patent administration department of the State Council issues a notification to grant the patent right, the applicant shall go through the formalities of registration within two months from the date of receipt of the notification.
What will CNIPA do if applicant completes the granting?
If the applicant completes the formalities of registration within the said time limit, the patent administration department of the State Council shall grant the patent right, issue the patent certificate and make an announcement thereon.
What will CNIPA do if applicant does not complete the granting?
If the applicant does not go through the formalities of registration within the time limit, he or it shall be deemed to have abandoned his or its right to obtain the patent right.
Could applicant requests for a patent right assessment report for his invention patent?
No. There is no patent right assessment report for invention patent.
Could applicant requests for a patent right assessment report for his utility model patent?
Yes. After the announcement of the decision to grant a patent for utility model, the patentee or the interested party referred to in Article 60 of the Patent Law may request the patent administration department of the State Council to make
Could applicant requests for a patent right assessment report for his design patent?
Yes. After the announcement of the decision to grant a patent for design, the patentee or the interested party referred to in Article 60 of the Patent Law may request the patent administration department of the State Council to make a paten
What information is needed if applicant requests for a patent right assessment report?
Any person that requests a patent right assessment report shall submit a request therefor, indicating the patent number. Each request shall be limited for one patent.
When will applicant receive assessment report after filing request?
The patent administration department of the State Council shall issue a patent right assessment report within two months after receipt of the request for the patent right assessment report.
Could two or more persons request assessment report for the same patent?
Where two or more persons request a patent right assessment report in respect of the same patent for utility model or design, the patent administration department of the State Council shall make one patent right assessment report only.
How other persons request for assessment report for the same patent if CNIPA issued it before?
Any entity or individual may consult or copy the patent right assessment report.
Who are the members of Patent Reexamination Board?
The Patent Reexamination Board shall consist of technical and legal experts appointed by the patent administration department of the State Council, and the responsible person of the patent administration department of the State Council shal
How applicant request for reexamination?
Where the applicant requests the Patent Reexamination Board to make a reexamination in accordance with the provisions of Article 41 of the Patent Law, he or it shall file a request for reexamination, state the reasons and, when necessary, a
Could applicant amend his application when filing reexamination request?
The person making the request may amend his or its patent application when he or it requests reexamination or makes responses to the notification of reexamination issued by the Patent Reexamination Board; however, the amendments shall be li
What’s the procedure after filing reexamination request?
The Patent Reexamination Board shall remit the request for reexamination which it accepts to the original examination department of the patent administration department of the State Council for reexamination. Where the original examination
Could applicant withdraw the reexamination request?
At any time before the Patent Reexamination Board makes its decision on a request for reexamination, the person making the request may withdraw his or its request for reexamination.
When reexamination terminate after applicant filing withdrawing request?
Where the person requesting reexamination withdraws his or its request for reexamination before the Patent Reexamination Board makes its decision, the procedure of reexamination terminates.
What information is needed if applicant requests for invalidation?
Any person requesting invalidation or part invalidation of a patent right in accordance with the provisions of Article 45 of the Patent Law shall submit a request for invalidation and the necessary evidence in two copies to the Patent Reexa
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