Everything You Need to Know About Filing Patent Applications in China

Anyone can develop an invention-creation. That’s not the hard part. The hard part is protecting the invention-creation. One way to protect the invention-creation is filing patent applications in China.

It’s imperative that you understand key concepts of patents before you even start developing your invention-creation. The way you file patents needs to be integrated with the Chinese legal framework. It sets the tone for the whole thing.

You can find countless tips on how to file patent applications in China in books and websites. Here, we have jotted some of the most basic things every applicant should know.

Three Types of Patent Applications in China

The Chinese patent law allows inventors and companies to file for one of three types of patents: invention, utility model, and design.

• “An invention refer to a new technical solution proposed for a product, a method or an improvement thereof.” It applies to both physical products as well as processes. This type is very similar to US utility patent.
• “A utility model refers to a new technical solution suitable for utility proposed for a product shape, a product configuration or any combination thereof.” It applies to new solutions or improvements to items. This type has no US parallel.
• “A design refers to a new design of the shape, pattern, or a combination thereof, as well as a combination of the color, shape and pattern, of the entirety or a portion of a product, which creates an aesthetic feeling and is fit for industrial application.” It applies to the external features of a product. This type is similar to but not the same as US design patent.

Three Ways to File Patent Applications in China

Similar to apply for patents in US, there are also THREE ways in which a patent may be filed under the Chinese legal framework.

• Direct Filing. Foreigners or foreign enterprises may file patents directly in China with the help of a Chinese patent agency or patent attorney.
• Under the Patent Cooperation Treaty. An international patent application can be filed under the PCT, indicating China as one of the designated states. It should be noted that the application must be submitted to the patent office in China no later than 30 months from the priority date.
• Under the Paris Convention. Filing a patent in a foreign country/region first and then filing a second application in China within 12 months for invention and utility model patents and 6 months for design patents. Thus, you’ll be able to claim the priority date of the first application. The foreign country/region must be a Member State of the Paris Convention.

Please keep in mind that any foreigner or foreign enterprises 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 legally incorporated patent agency to act as its or his agent.

Documents Required to Be Submitted

Documents required to be submitted for an invention application in China

• Request for filing Chinese invention application
• Power of Attorney
• Claims
• Specification, including technical disclosure, background information, the content of invention, description of the figures, and specific embodiments.
• Figures
• Abstract
• Figure accompanying the Abstract (for national applications entered by PCT route)

Documents required to be submitted for a utility model application in China

• Request for filing Chinese utility model application
• Power of Attorney
• Claims
• Specification, including technical disclosure, background information, the content of invention, description of the figures, and specific embodiments.
• Figures
• Abstract
• Figure accompanying the Abstract (for national applications entered by PCT route)

Documents required to be submitted for a design application in China

• Request for filing Chinese design application
• Power of Attorney
• Claim (One claim)
• Specification, describing the tile, the use, the major design point, and designating a figure which can show the major deign point clearly
• Figures, including front view, rear view, left-side view, right-side view, top view, bottom view and perspective view

Official Fees

Please check the previous article for details information about official fees of a normal Chinese patent application and some miscellaneous fees.

Prosecution Procedures

The picture below outlines examination procedures of CN patent application.

Term of Protection

An invention patent is valid for 20 years from the date of filing.

A utility model patent is valid for 10 years from the date of filing.

A design patent is valid for 15 years from the date of filing.

Patent is a vast field. It encompasses tons of different disciplines, strategies, and tactics. The topics discussed above are the basics to succeed in filing patents in China. If you want help filing your patent in China, you can contact us, or post your question or concern on our website.