China Patent

According to the Patent Law in China, invention and utility model patent should attain novelty, creativity and practicality. Refer to Patent Law, there are five stages for the procedure of invention patent application including confirm application received, initial examination, result announcement, substantial examination of patent and patent authorization. For the utility model patent or appearance design patent, there are three stages only. They are confirm application received, initial examination and patent authorization.

Required documents for applying invention patent or utility model patent in Mainland China as follow:

1. Application form of invention patent;
2. An Abstract;
3. An Abstract with drawings (if applicable);
4. Specification;
5. Specification with drawings (if applicable);
6. Patent Claims;
7. Power of Attorney.

Required documents for applying appearance design patent as follow:

1. Application form of appearance design;
2. Images or photos (color images or photos required);
3. Synopsis of design product.

Applicants enjoys the priority to apply for a grant of patent or appearance design patent within 12-month or 6-month respectively in China of the first application submitted overseas for the same invention or utility model, according to the agreements signed with China or international treaties mutually signed.

For foreigners, foreign corporations or overseas organization, whom doesn’t have home address or business address in China, they have to apply for grant of patents via an authorized China agents.

Please contact us for further details of China Patent.