Patenting in China

China is a popular jurisdiction for the production of various products due to inexpensive labor. However, an important step before ordering the production of innovative products here is patenting in China. Inventions, utility models, and industrial designs are patented here. You can obtain a patent for an invention in China in the following ways:

• filing an initial patent application directly with the China Patent Office – CNIPA;
• file an application under the Paris Convention within 12 months after filing the initial priority application in another country;
• submit an application for entry into the national phase within 31 months from the date of filing the international PCT application.

The choice of patenting method directly depends on the goals of the applicant. It is better to discuss this issue with our patent attorney before starting the process. He will also advise on official CNIPA fees and service costs. Will develop the most profitable strategy for registering intellectual property in China. For a quick consultation, please contact us via Telegram.

Features of patenting in China

The patenting process is regulated by the PRC Patent Law. Please note that obtaining a patent for an invention in China does not provide patent protection in Hong Kong. To do this, you need to go through a separate procedure and obtain a patent there. Residents and non-residents who do business in the PRC, individuals and legal entities can protect their rights to technical property. But only through a Chinese patent attorney, who provides these services by proxy.

Peculiarities:

• The responsible body is the Patent Office of the State Council of the People’s Republic of China – CNIPA;
• You can patent an invention, utility model and industrial design;
• Office work, correspondence and responses to comments are conducted only in Chinese;
• A request for substantive examination (for an invention) must be submitted within 3 years from the date of filing the application;
• There is the concept of “novelty benefit.” It is granted if the innovation has been demonstrated at an exhibition, scientific or technical conference recognized by the Chinese government;
• The validity period of a patent for an invention is 20 years (for medicines + 5 years), for a utility model – 10 years, for an industrial design – up to 25 years. All specified deadlines apply if the relevant fees are paid to the department on time.

The Chinese Patent Office receives a lot of requests. Before filing, a thorough patent search must be conducted, taking into account hieroglyphic writing. Our attorney with a Chinese license will handle the search, paperwork, and record keeping. He will respond to objections, submit the necessary petitions on time and pay fees. To quickly contact us, write to e-mail: info@sion-ip.com.

Process patenting in China

As in many other countries, it is important that the patent application meets the criteria of novelty, inventive step and industrial suitability. This certainly applies to inventions. The examination of an application for invention also consists of two stages: formal and substantive. In order for the department to begin each of these stages, the official CNIPA fees must be paid on time.

As for registering rights to a utility model in China, it is enough that the application meets two main criteria for patentability – novelty and industrial suitability. For an industrial design, originality and novelty of essential features are important.

An important distinguishing feature from most patent procedures in other countries is the presence of the so-called “novelty benefit.” The worldwide novelty of a patent application as confirmation of one of the main criteria can be provided to the office along with the filing of the application within 6 months after the following events occur:

• a public presentation of a new technical solution was held at an exhibition, forum, conference if the organizer and participant of these events are government agencies of the PRC;
• publication at various industry scientific conferences of the results of scientific and technical research with the fact of their testing and expert opinions;
• in case of disclosure of information about the essence of a technical solution without the consent of the real author or group of authors.

Our attorneys will help you determine the possibility of applying this benefit.

Patenting in China cost of services and fees

Patenting in China requires payment of mandatory official fees and CNIPA patent office fees at each stage of the process. Without making the required payments, the application may remain without consideration. The following categories of mandatory fees are provided for obtaining a patent for an invention:

• filing an application for an invention with up to 10 claims, including on the basis of a PCT application, will cost about 130 USD, + 20 USD for each claim over 10;
• conducting substantive examination 330 USD;
• publication USD 40;
• fees for extending the validity of a patent for inventions will range from 150-1050 USD.

The cost of our services will depend on a number of factors, such as the number of objects to conduct a search, the time spent on preparing a patent application, translations, support of the patenting process in CNIPA.

Regardless of the chosen method of obtaining a patent for an invention, the applicant receives the same set of rights as national protection in China. After patents are issued, they can be sold, transferred for use under a license, or disposed of in any other legal way. To receive detailed advice and order patenting in China services, contact us in any available way indicated on the website.