Guide to Filing Patent Applications
for Inventions, Utility Models and Designs in China:
Unpatentable Subject Matter
According to Article 25 of the Chinese Patent Law, for any of the following, no patent right shall be granted:
· rules and methods for mental activities;
· methods for the diagnosis or for the treatment of diseases;
· animal and plant varieties;
· substances obtained by means of nuclear transformation
Duration of Patent Right
The duration of patent right for invention is twenty years the duration of patent right for utility models or for designs is ten years, counted from the date of filing.
Right of Priority
An applicant may claim the right of priority in accordance with the Paris Convention or on the basis of the principle of mutual recognition of the priority. The priority term for patent for invention or utility model is twelve months, and for design is six months.
Domestic priority may also be claimed within 12 months for applications for invention or utility model first filed in China.
Information Required in an Order Letter
· Type of the application, i.e., a patent for invention, for utility model or
for design, shall be clearly indicated.
· Applicant’s and inventor’s full name, address and nationality. If the applicants or the inventors come from countries or regions like Japan, Korea, Hong Kong and Taiwan etc., where Chinese characters are used in names, please provide the Chinese characters of the applicant’s and inventor’s names.
· Where priority is to be claimed, the filing date and filing number of each earlier application, and the country in which the application was filed shall be provided.
· Applicant’s specific instructions with regard to the proposed filing date of the application in China and any special requirements concerning the application.
Documents Required for Filing Patent Applications
· Certified Priority Document, where priority is claimed, the certified priority document shall be submitted within three months of the date of filing in China.
· Assignment, in case the applicant as indicated in the priority document is not the same as the applicant for the Chinese application, an assignment duly executed by the original applicant is required and shall be submitted within three months of the date of filing in China. The assignment should be either an originally signed one or a notarized copy.
Application Documents Required and Specific Requirements for an Application for Patent for Invention
· Application Documents: description, claims, abstract and drawings (if any) of the application.
· Request for Substantive Examination:
In the case of an application for patent for invention, the applicant shall request substantive examination at any time within three years of the date of filing in China or the date or priority (if priority is claimed).
· Deposit of Samples of Micro-Organisms
Where an application relates to a new micro-organism, a micro-organism process or a product thereof and involves the use of a micro-organism which is not available to the public, the applicant shall, before the date of filing, or, at the latest, on the date of filing, deposit a sample of the micro-organism with a depository institution designated by the Chinese Patent Office or an international depository authority under the Budapest Treaty, and submit at the time of filing, or, at the latest, within three months of the filing date, a receipt of the deposit and the proof of viability from the depository institution or the international depository authority.
With respect to the micro-organisms which are commercially available at home and abroad, catalogues of such micro-organisms should be submitted within three months of the date of filing in China.
Documents Required for the National Phase Entry of PCT Applications
· PCT publication with the international search report,
· International preliminary examination report with its annex,
· Amendments made during the international phase (PCT Article 19 and/or Article 34 amendments, if any),
· Proposed amendments at the time of national phase entry (PCT Article 28 or Article 41 amendment, if any),
· Power of Attorney, with the original signature or seal of the applicant. The Power of Attorney can be late filed.
Application Documents Required and Specific Requirements for an Application for Patent for Utility Model
· Application Documents: description, claims, abstract and drawings of the application.
· Methods shall not be claimed in any application for a patent for utility model.Application Documents Required and Specific Requirements for an Application for Patent for Design
· Application Documents: drawings or photographs revealing the six
orthographic views, i.e. the views in front and rear, and rear, top and bottom,
right side and left side, and a perspective view.
The size of the drawings or photographs of a design submitted shall not be smaller than 3 cm X 8 cm, no larger than 15 cm X 22 cm.
Two sets of drawings or three sets of photographs should be provided.
· The Title of the Design, i.e. the name of the product incorporating the
design and a brief explanation of the design.
The brief explanation of the design shall include the main creative portion of the design, the colour for which protection is sought and the omission of the view of the product incorporating the design (if one view is identical or symmetric with another, it can be omitted).
· Colour Protection: if the applicant seeks concurrent protection of the colours, four sets of the drawings or photographs, two sets in colour and two sets in black and white should be submitted.
· The Drawings should not contain shadow lines or shadings. The subject shown in the photographs should form sharp contrast to the base. Each view should be in the same proportion.