• FAQ of China patent application
    Foreigners apply for a china patent:
    Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a china patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the patent administration department under the State Council to act as his or its agent.
    Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a patent agency to act as its or his agent.
    How many types of patents?
    (1) Invention Patents : products, methods or improved by the new technologies, can apply for patents;
    (2) The Utility Models : the shape of products, Construction, or its combination of practical suitable for the new technology program, they can apply for utility model patents;
    (3) Patent Designs : the shape of products, design, or its combination of color and shape. the combination of pictorial made by the rich beauty and suitable for industrial application of the new design, they can apply for patent designs.
    What circumstances can obtain a patent?
    (1) scientific discoveries;
    (2) Intelligence activities of the rules and methods;
    (3) disease diagnosis and treatment methods;
    (4) animal and plant varieties;
    (5) using the nucleus transform the material was obtained.
    The above paragraph (4) above the production method, in accordance with the provisions of the Patent Law franchise.
    Patent application procedures and the duration of protection?
    Application procedures for the duration of protection
    invention patents Application processing time:2- 3 years
    The Utility Models Application processing time: 1-1.5 years
    patent designs Application processing time:6-8 months
    A Chinese Patent is effective for a term of: 20 years (from the filing date)
    The Utility Models and Design patents are effective for a term of: 10 years
    What is priority principle?
    Priority principle means whenever two or more than two applicants for one invention patent, the patent right will be granted to the first applicant no matter who finishes the invention first.
    About China Patent duration:
    The duration of China Patent for invention is twenty years, the duration of patent for utility model and design is ten years, counted from the filing date in China.
    What is utility model?
    According to the rule 2 of Chapter one of the Implementing Regulations, utility model in the China Patent Law represents any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use