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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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