lPatent Application

There are 3 types of Chinese patent application: Inventions, Utility models and Designs.

1. Inventions mean new technical solutions proposed for a product, a process or the improvement thereof. Its procedures include acceptance, preliminary examination, publication, substantive examination and grant. The application will be published promptly after the expiration of eighteen (18) months from the filing date/priority date, unless a Request for Earlier Publication is filed by the applicant at the same time of filing the application. In addition, it is necessary for the applicant to file a Request for Substantive Examination within three (3) years from the earliest priority date. The duration of patent right for Invention is 20 years counted from the filing date. 

2. Utility models mean new technical solutions proposed for the shape and structure of a product, or the combination thereof, which are fit for practical use. Its procedures include acceptance, preliminary examination and grant, no substantive examination is required. The duration of patent right for Utility Model is 10 years counted from the filing date.   

3. Designs mean, with respect to a product, new designs of the shape, pattern, or the combination thereof, or the combination of the color with shape and pattern, which are rich in an aesthetic appeal and are fit for industrial application. Its procedures include acceptance, preliminary examination and grant, no substantive examination is required. The duration of patent right for Design is 10 years counted from the filing date.   

lDocuments and Particulars for Filing

I. Patents for Invention or Utility Model

(1) Specification (description + claims + abstract + drawings).

(2) A duly executed Power of Attorney, which can be submitted after filing within the time limit specified by the Patent Office.

(3) A duly executed assignment, if the applicant as indicated in the certified priority document is not the same as the one who files in China. If the said assignment form is a copy one, it should be notarized.

(4) Both certified priority document and the assignment for applying right (if necessary) can be late submitted within three months from the Chinese filing date.     
       

II. Patents for Design

(1) Drawings or photographs of design in triple (It requires six views for three-dimensional product, i.e., front view, rear view, left view, right view, top view and bottom view and perspective view), which size is no less than 3cm X 8cm and no more than 15cm X 22cm. Additionally, the true article is necessary for us if the applicant needs our assistance in making a set of qualified views. 

(2) Brief explanation of design, such as the field to which the design product belongs , purpose of use , usage or the place where the design product is to be used, the main points of the design and their positions , the claim of color protection, the omitted views the mainly creative part, or etc.

(3) A duly executed Power of Attorney, which can be submitted after filing within the time limit specified by the Patent Office.

(4) A duly executed assignment, if the applicant as indicated in the certified priority document is not the same as the one who files in China. If the said assignment form is a copy one, it should be notarized.

(5) Both certified priority document and the assignment can be late submitted within three months from the Chinese filing date.