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1. General Information
¡¡¡¡1) Types of patent: invention patent, utility model
patent, and design patent.
¡¡¡¡2) Examination procedures:
¡¡¡¡¡¡(1) Invention: acceptance, preliminary examination,
publication, substantive examination and grant.
¡¡¡¡¡¡(2) Utility model and design: acceptance, preliminary
examination and grant. No earlier publication nor substantive
examination.
¡¡¡¡3) Patent terms:
¡¡¡¡¡¡(1) Invention: twenty (20) years from the date of filing.
¡¡¡¡¡¡(2) Utility model or design: ten (10) years from the
date of filing.
2. Requirements for Filing a Chinese Patent Application
¡¡¡¡1) Instruction Letter, indicating:
¡¡¡¡¡¡(1) title of invention/utility model/design
¡¡¡¡¡¡(2) type of patent application
¡¡¡¡¡¡(3) name(s), address(es), and nationality(ies) of
applicant(s) and inventor(s)
¡¡¡¡¡¡(4) priority application date, number and country,
if claiming foreign priority
¡¡¡¡¡¡(5) requesting simultaneously for substantive examination
or not
¡¡¡¡¡¡(6) the date by which the application must be filed,
etc.
¡¡¡¡If an applicant or an inventor has its/his/her Chinese
name and/or address, the Chinese characters are requisite
to avoid any possible different versions.
¡¡¡¡2) Power of Attorney
¡¡¡¡Please use our (single) Power of Attorney form or
General Power of Attorney form; original signatures
by the applicants are required. No legalization is needed.
¡¡¡¡If using our (single) Power of Attorney form, one
(single) Power of Attorney shall be submitted for every
one application.
¡¡¡¡If using our General Power of Attorney form, one General
Power of Attorney will cover all future patent applications.
¡¡¡¡3) Application Documents, to contain:
¡¡¡¡¡¡(1) Invention or utility model: a description, claims,
drawings (if any) and an abstract.
¡¡¡¡¡¡(2) Design: three (3) sets of drawings/photos of
the product incorporated with the design. Such drawings/photos
shall be sized from 3cm x 8cm to 15cm x 22cm and with
no shade lines and/or dotted lines.
¡¡¡¡If seeking protection for the shape of a product,
drawings/photos of six elevation views and one perspective
(if any) view are required.
¡¡¡¡If seeking protection for pattern, unfolded and perspective
drawings are required.
¡¡¡¡If claiming colors, three (3) colored set of the drawings/photos
are requisite.
¡¡¡¡If there are special comments, a brief specification
is required.
¡¡¡¡4) Priority Document and Assignment
¡¡¡¡¡¡(1) Priority Document: If a foreign priority is claimed,
information on priority application date, number and
country shall be provided before filing the patent application.
¡¡¡¡¡¡The priority document, i.e., a certified copy of
the priority application shall be submitted to the Chinese
Patent Office completely indicating the name(s) of the
applicant(s) and/or inventor(s).
¡¡¡¡¡¡(2) Assignment: If the applicant of the priority
application is different from the applicant of the Chinese
application, an assignment shall be submitted.
¡¡¡¡¡¡A certified/notarized copy of a foreign assignment
of the priority application is acceptable for this purpose.
¡¡¡¡¡¡The applicant may also use our assignment form, which
shall be executed by the applicant of the priority application.
3. Notes:
¡¡¡¡1) If the Power of Attorney fails to be submitted
when filing the application, same can be filed later.
Please make sure that the date of execution shall be
earlier than the Chinese filing date.
¡¡¡¡2) Both priority document and assignment can be late
filed but shall be filed within three (3) months from
the date of filing. Otherwise, the Chinese Patent Office
will issue a Notice on Deeming Not Having Requested
Convention Priority. The applicant may request for restoration
of the priority by submitting the priority document
and/or assignment within two (2) months from the date
of receiving said Notice with a payment of restoration
fee.
¡¡¡¡3) Since China has joined the Budapest Treaty in July
1995, when a new microorganism species is involved in
a patent application, the new microorganism species
can be deposited in an international depository institution
designated by the Treaty.
¡¡¡¡A copy of receipt of deposit and the viability proof
both issued by the international depository institution
shall be submitted either at the time when filing the
application or within three (3) months from the date
of filing the Chinese application.
¡¡¡¡4) According to the Chinese Patent Law, for patent
application for invention, the request for substantive
examination shall be filed within three (3) years from
the date of filing/priority. Failure in making the request
will cause the application being deemed withdrawn.
¡¡¡¡5) Since the Chinese Patent Office accepts application
documents only in Chinese version, therefore, it is
recommended that the filing documents be forwarded to
us two (2) weeks prior to the date by which the application
must be filed or the date on which the priority period
expires so that we can have sufficient time to prepare
the Chinese application documents, including translation.
We also undertake the entrustment for filing urgent
patent application, for example, an application that
has to be filed within three(3) days or less. In this
case, a certain urgent service fee will be charged. |
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