Patent

Patent
Trademark
Copyright
Litigation
Others

Payment for annual fee

Borsam has its own annual fee management system to help our client monitoring the deadline, and sending reminder months before each deadline.

Non-infringement opinion

This is a legal opinion issued by patent attorney through comparing a product and others’ given patent to determine whether the product have a risk of infringing others patent rights.

Patent License

Patent license means the patentee licenses someone else in a certain period and/or in certain place to enforce his patent and get payment therefore. The patentee still owns the patent rights while the licensed party can only use the patent. It is not compulsive to record the patent license agreement before SIPO, but it have a three-month deadline to record it before SIPO. The parties can also request to record the patent license for a pending application.

Patent Search

Our patent search services include novelty search, status search, subject search and FTO search.

Patent invalidation

The invalidation request can only be initiated after grant of a patent, according to Chinese patent law article 45, any party may file the invalidation request before Reexamination board if he find the patent is not in conformity with the relevant provisions of this law.

Filing of PPH request

PPH request is a program contracted between SIPO with other patent offices, that means, under PPH, participating patent offices have agreed that when an applicant receives a final ruling from a first patent office that at least one claim is allowed, the applicant may request fast track examination of corresponding claim(s) in a corresponding patent application that is pending in a second patent office. At present, SIPO has contracted with Hungary, Israel, Iceland, Sweden, United Kingdom, Spain, Portugal, Singapore, Canada, Poland, Korea, Austria, Mexico, Denmark, Finland, Russia Federal, German, United States, and Japan.

Initiative amendment for patent applications

For a national phase entering application in the manner of invention patent, the applicant may request to amend the application when entering into national phase of China and/or 3 months after entering into substantive examination. But for a utility model patent application, it’s only available to amend within 2 months after filing the application.

Responding to a rectification notification

It’s common to receive a rectification notification for a patent application in the preliminary examination stage which request to respond and remedy within 2 months from the receipt date of the notification.

Patent Re-examination

The re-examination procedure can only be initiated after receiving a Notification of rejection, and the corresponding request shall be made within 3 months after receiving said notification to TRAB. Only two kinds of decisions come out for the reexamination, i.e. turn the application back to SIPO to continue the examination or maintain the decision of SIPO. If the applicant dissatisfied with the maintain decision of TRAB, he may also file a lawsuit before court within 3 months from the receipt date.

Responding an office action

The office action is the opinion from examiner to communicate with the applicant/agency about the application indicating the formalities or substantial defects in the application. In general, not only the invention patent application will receive an office action in the examination, because in recent years, the examiner also issues office action for a utility model and design patent. The deadline for responding the office action is 2 months from the issue date but except the first office action for invention patent. However, in practice, we also meet the particular situation that the examiner designate a deadline but shorter than said period.
...

Design patent application in China

According to the Paris Convention, the applicant from the member country can enjoy 6 months priority period from the filing date. The design patent application in China doesn’t accept the substantive examination, so it can be approved in around 4 months after filing.
...

Conventional patent application in China

According to the Paris Convention, the applicant from the member country can enjoy the 12 months priority period from the filing date for invention/utility model patent. The utility model patent doesn’t need to accept the substantive examination, so normally, it can be approved in around 4 months after filing.

...

National phase/stage entering application of PCT international application

The prescribed deadline for filing a national phase entering application in China is 30 months from the earliest priority deadline, and the applicant may have 2 months grace period if necessary. In recent years, we’ve helped the foreign applicants from worldwide filing hundreds of such applications. It’s worth mentioning that you can choose to file as invention patent or utility model patent in China when entering into national phase.

...