Patent Application

Unpatentable Subject Matter

According to Article 25 of the Chinese Patent Law, for any of the following, no patent right shall be granted:

• Scientific discoveries;
• Rules and methods for mental activities;
• Methods for diagnosis or for treatment of diseases;
• Animal and plant varieties;
• Methodof nuclear transformation and the substances obtained therefrom;

*For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.

Types of Patent

There are three types of patent, i.e. invention patent, utility model patent and industrial design patent.

The invention patent will be substantive examined, and the duration is 20 years; the utility model and industrial design patent will be preliminary examined only, and the duration is 10 years.

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 and Documents Required

• Description, Claims, Abstract, Drawings (if any): Chinese translation and points out which figure will be published together with abstract);
• Information of applicant(s) and inventor(s)/creator(s): Chinese translation of name, address, and ID card number of the first inventor (if the inventor is Chinese);
• Power of Attorney: Sealed (if the applicant(s) is/are company) or signed (if the applicant(s) is/are natural person), and no notarization or legalization is required; and
• Certified copy of the prior application, if a priority is claimed.

National Phase of PCT Applications

A PCT application should enter into Chinese national phase within 30 months (extendable 2 months after paying a surcharge for the late entry) from the priority date.

Change / Assignment

• Contract (if any);
• Information of before and after;
• Power of Attorney: Sealed (if the applicant(s) is/are company) or signed (if the applicant(s) is/are natural person), and no notarization or legalization is required; and
• Declaration (if change inventor).

Patent Invalidation / Litigation

• Information of authorizer and patent owner;
• Business License (company) / ID card (natural person);
• Power of Attorney: Sealed (if the applicant(s) is/are company) or signed (if the applicant(s) is/are natural person), and no notarization or legalization is required; and
• Request Form, Written Opinion, Materials, Evidences, Letter Patent.