Direct filing of patent application in China

2021-04-15

Borsam IP

There are three ways of foreign patent application enters into China, i.e. PCT national phase/stage, Paris Convention and national application.

What shall be submitted when filing the application?

1. Power of attorney with the original signature of the applicant;

2. Specification with claims and abstract;

3. Drawings, if any (two sets of formal drawings);

4. Certified priority document(If Any);

5. Assignment. Where the applicant as indicated in the priority document is not the same as the one that for the Chinese application, an assignment duly executed by the original applicant is required and shall be submitted within three months of the date of filing in China.

When can I get the certificate or how long it would be granted?

The time frame is the same with PCT application, the time frames of being issued are as follow if everything went on smoothly:

Invention	2-3 years
Utility Model	1 year
Industrial Design	8-10 months

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