The Patent Reexamination System for Chinese patent applications
The patent reexamination system in China is a remedy provided to the applicant when the patent application is rejected. If the applicant is not satisfied with the decision of rejection, he/she may initiate the reexamination procedure.
What Is the Subject Matter Problem for Patents in China?
If a patent has the problem of subject matter, it means that the invention for which a patent is applied for falls under the subject matters for which no patent right shall be granted.
Common General Knowledge for Patents in China
According to relevant rules of Chinese patent applicaiton, common general knowledge should have the property of being generally known, and can also be understood as a well-known textbook or reference book.
The Principle of Hearing and the Principle of Procedural Economy
During the examination procedure, an examiner should consider the balance between the principle of hearing and the principle of procedural economy.
What is the Deferred Examination System of Patents in China?
In China, an applicant may request the China National Intellectual Property Administration (CNIPA) to defer examination of invention and design applications by one, two or three years.
How to Expedite Prosecution of Invention Patents in China
If you file an invention patent application in China, the examination procedure generally takes two years.
While for some fast-paced industries, they may want to expedite the prosecution of the patent applications before the China National Intellectual Property Administration (CNIPA). How to expedite invention patent
Examination of Inventive Step for Patents in China
In the previous article, we introduced utility model patents (UMP) and invention patents in China, and their differences, including examination procedure. In this article, we will talk about their differences in inventive step examination in detail. 1. Examination Procedures In China, a utility model patent (UMP) only needs to undergo the preliminary examination, and the […]
Protectable Subject Matters of Utility Model Patents and Invention Patents in China
This article will talk about protectable subject matters of utility model patents (UMP) and invention patents in China, and their similarities and differences. Protectable Subject Matters of Invention Patents in China Article 2.2 of Chinese Patent Law stipulates that “An invention refer to a new technical solution proposed for a product, a method or an […]
Types of Patents and Dual Filing Strategy in China
China’s patent law allows inventors to file for one of three types of patents: invention, utility model, and design. A strategy for filing in China could include filing both invention applications and utility model applications.
Three Ways to File Patents in China
There are THREE ways in which a patent may be filed under the Chinese legal framework: direct filing; by PCT route; by Paris Convention.