Patents in Mainland China

Questions:

1: How to apply for a Chinese patent?
2: What is the language used in a patent application in China?
3: What documents are required for filing a Chinese patent application?
4: What specific documents are required for entry into the Chinese national phase for a PCT application?
5: What is the time limit for entry into the Chinese national phase of a PCT application?
6: Is there a grace period for late entry into the Chinese national phase for a PCT application?
7: What are the related fees for Chinese patent, utility model and design?

Answers:

Question 1: How to apply for a Chinese patent?
Answer: According to Article 19 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the Patent Administration Department under the State Council to act as his or its agent.

Question 2: What is the language used in a patent application in China?
Answer: According to Rule 4 of Implementing Regulations of the Chinese Patent Law, any document submitted under the Chinese Patent Law and its Implementing Regulations shall be in Chinese. The standard scientific and technical terms shall be used if there is a prescribed one set forth by the State. Where no generally accepted translation in Chinese can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated. Where any certificate and certified document submitted in accordance with the Chinese Patent Law and its Implementing Regulations are in foreign languages, and where the Patent Office deems it necessary, it may request a Chinese translation of the certificate and the certified document to be submitted within a prescribed time limit.

Question 3: What documents are required for filing a Chinese patent application?
Answer: it requires the following documents:
  • A description, claims and an abstract
  • Drawings if any
  • Power of Attorney, a Power of Attorney with the original signature or seal of the applicant is required for each patent application. The Power of Attorney can be late filed.
  • Certified Priority Document, which shall be submitted to the Patent Office within three months from the Chinese filing date otherwise the claim of priority shall be deemed not to have been made.
  • Assignment, in case the applicant as indicated in the priority document is not the same as the applicant 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. The assignment should be either an originally signed one or a notarized copy.
  • For entry into national phase in China of a PCT international application, international publication pamphlet, international preliminary examination report with annex and any amendments concerned if the applicant would like to bring such amendment into the examiner's consideration during the examination on the application in China.

Queston 4: What specific documents are required for entry into the Chinese national phase of a PCT application?
Answer: it requires the following documents:
  • PCT publication with the international search report.
  • International preliminary examination report with its annex.
  • Amendments made during the international phase.
  • Amendments made at the time of national phase entry.

Question 5: What is the time limit for entry into the Chinese national phase for a PCT application?
Answer: 30 months from the priority date.


Question 6: Is there a grace period for late entry into the Chinese national phase for a PCT application?
Answer: There is a two-month grace period. If the applicant fails to perform the acts necessary for entry into the Chinese national phase within the prescribed time limit of 30 months, the applicant may perform the required acts before the expiration of a time limit of 32 months from the priority date, provided that the applicant pays a surcharge for late entry of the national phase.

Question 7: What are the related fees for Chinese patent, utility model and design ?
Answer: please refer to All-China Patent Agents Association


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