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Patent in China

1Patent types

    In the present Law "invention-creation" means inventions, utility models and designs.

    The term "invention" refers to a new technical solution put forward for a product, method or the improvement thereof.

    The term "utility model" refers to a new practical technical solution for a product's form, structure, or the combination thereof.

    The term "design" means a new design of a product's shape, pattern or the combination thereof, or the combination of its colour and shape and/or pattern, that is aesthetically pleasing and industrial applicable.

 

2Requied documents

    (1)Invention

    A. Description, Claims, Abstract and Drawings, etc. in English;

    B. Original Power of Attorney, with the company seal or the signature (No legalization or notarization is required);

    C. Priority Certificate (if any).

   

    (2) Utility Model

    A. Description, Claims, Abstract and Drawings, etc. in English;

    B. Original Power of Attorney, with the company seal or the signature (No legalization or notarization is required);

    C. Priority Certificate (if any).

  

    (3)Design

    A. Representation of the subject matter of the design in form of drawings (preferable in .dwg format) (six-side views plus a Perspective View), and Description of the subject matter of the design including the use and the main points of the design; please also indicate a view best showing the main points of the design, which would be published in the Patent Gazette when granted;

    B. Original Power of Attorney, with the company seal or the signature (No legalization or notarization is required);

    C. Priority Certificate (if any).


 

3Procedure

    The procedures for a Chinese Invention patent application include acceptance, preliminary examination, publication, substantive examination and grant. It may take 1~2 years for examination.

    The procedures for Utility Model application include acceptance, preliminary examination and grant, no substantive examination is required. It may take 6-8 months for examination.

    The procedures for a design application include acceptance, preliminary examination and grant, which usually takes 6~7 months.


 

4The period of validity

    The duration of patent right for Invention is 20 years counted from the filing date.

    The duration of patent right for Utility Model is 10 years counted from the filing date.

    The duration of patent right for Design is 10 years counted from the filing date. 


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