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Patent Application

1. Requirements for Foreigners Filing Chinese Patent Application

 

i) In accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs. The agreement refers to bilateral agreement between China and other countries. If it is defined that natural person, enterprises and organizations can file Chinese patent application and vice versa, it should be on the basis of the regulations of agreement;

 

ii) In accordance with international treaty to which both the People's Republic of China and the country to which the applicant are parties. China is a member of Paris Convention for the Protection of Industrial Property and The Convention Establishing the World Intellectual Property Organization (WIPO Convention for short), which stipulates each member shall allow filing and obtaining patent of each other, and enjoys national treatment. So China shall give national treatment for those citizens, natural person or other organizations of contracting parties of above conventions;

 

iii) In accordance with the principle of reciprocity. It means if one country allows Chinese citizens, natural person or other organizations filing and obtaining patent, China shall allow the same.

 

2. Entry into Chinese National Phase of a PCT Application

 

i) Time limit: time period is set within 30 months from priority date, extension of time may be available within 32 months from priority date if grace period fee is paid;

Note:

1)    If priority right is requested to be withdrawn when entry into China, the time limit is still calculated as original earliest priority date.

 

2)    If the priority right in international application is not established because Chinese reserves the right of relevant regulations of Patent Cooperation Treaty and Implementing Regulations, the time limit for national phase entry is still calculated by original earliest priority right.

 

ii) Documents

 

(i) Filed in foreign languages

 

Statement, copy of description, claim, abstract, word translation text of drawings and abstract of drawing (if applicable), other documents, such as materials supporting change of applicant (if applicable)

 

(ii) Filed in Chinese

 

Statement, copy of abstract and drawing of abstract (if applicable), other documents (if applicable)

 

3)    Protection type

 

Invention or utility model

 

4)    Entrusted matters

 

i)     Those foreign applicants without habitual residence or place of business in China shall entrust any of such organizations as recognized to be qualified for patent agency by the State to act as his or its agent;

 

ii)    Those applicants in HK, Macao and Taiwan shall entrust any of such organizations as recognized to be qualified for patent agency by the State to act as his or its agent;

 

iii)   Those applicants with habitual residence or place of business in China may not entrust any of such organizations as recognized to be qualified for patent agency by the State to act as his or its agent.

 

5)    Substantive Examination Formalities

 

Substantive examination shall be requested within 3 years from priority date.

 

6)    National publication

 

i)     Time: preparation of national publication is carried out after preliminary examination of patent office, the preparation time of completing national publication is generally not earlier than 2 months since entry date.

 

ii)    Forms:

 

       (i)   Published in foreign languages: Patent Gazette and separate edition of invention patent application;

 

       (ii)  Published in Chinese: Patent Gazette

 

       (iii) Special situation (request for early processing and early publication): Patent Gazette and separate edition of invention patent application.

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