The deadline for filing an invention patent application claiming priority with the CNIPA is 12 months from the priority date. The term cannot be extended and restored.
The deadline for filing a utility model patent application claiming priority with the CNIPA is 12 months from the priority date. The term cannot be extended and restored.
According to the Chinese Patent Law, three types of patents are issued in China, namely invention patents, utility model patents, and design patents.
The deadline for filing a design patent application claiming priority is 6 months from the priority date. The term cannot be extended and restored.
PCT applications to enter into the Chinese national phase/stage shall be filed within 30 months from the PCT international filing date/priority date. If applications fail to enter into the Chinese national phase before the entry due date, the filing can be extended up to 2 months from the entry due date with additional restoring fee.
Earlier publication is one of China's examination systems to the patent application. According to a research to some countries with sophisticated patent system, a big amount of inventions have little commercial prospects, some inventions are not yet mature while some applications are submitted for the priority right.
Patent licensing is a transfer of the right of use, the IPR owner allow the licensee to use his/her patent within the stipulated area by conduct an agreement in accordance with the provision of Patent Law.
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The patentee is obligated to pay for an annual fee beginning with the year in which the patent right is granted. He may choose to pay for the annual fee for one or several years at the same time.
The patentee is obligated to pay for an annual fee beginning with the year in which the patent right is granted. He may choose to pay for the annual fee for one or several years at the same time. The patent law also allows the patentee having six-month to revive the patent by paying a penalty if he missed the initial deadline.
PCT applications to enter into the Chinese national phase/stage shall be filed within 30 months from the priority date. The term may be extended for two additional months. If the 32-month deadline is also missed, only if this is due to force majeure, is it possible to request for restoration.
In 1984, the government enacted the Chinese Patent Law, which came into force from April 1, 1985, and was heralded as a new beginning for Chinese patents. Patent applications then grew by over 20% each year from 1984 to 1992, and this then led to a rapid increase in Chinese patent applications. However, the loopholes of the current system began to surface.
CNIPA provides kinds of free patent search services for public to retrieve the published patent information but most of them are Chinese, so we hereby list the available search links with English service and the simple guidance of how to search online for a Chinese patent.
There are four ways for patentees to protect their patent rights, i.e. self-protection by patentee, administrative protection, judicial protection and protection by Custom. And now I will separately introduce the four ways.
There are three ways of foreign patent application enters into China, i.e. PCT national phase/stage, Paris Convention and national application.
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