PATENT INTERNATIONAL

Patent Registration in .

Just as marketing is essential to any company, patent registration is just as essential to an invention. This helps to create a feeling of authenticity and provides the proprietor exclusive rights and legal protection. With the advent of technology, companies are offering a variety of new products and services. There are many companies in China so it is important to have a competing advantage with a patent protected invention.

Let’s take a closer look at the China patent filing method

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Patent registration services in China

Countries around the world support the first-to-file system if it proceeds to parents. Likewise, China serves the first-to-file system, whereby anyone who registers a patent first is the legal proprietor of the invention. That is why it is necessary to secure a patent at the earliest.

To apply for a patent in China, the applicant should submit an application online through China National Intellectual Property Administration, the government agency that receives and examines patent applications. One can also apply through the PCT system directly through as a local application or either as a national phase entry.

Types of Patents

Types of Patents in China

There are different types of patents in China that include Invention, Utility Model and Design patents.

  • Invention Patent : These Patents are used for procedures, product and technical plan that needs to be improved, it has a longer processing time but stronger patent protection that is for a very long time due to international research and inspection
  • Utility Model: Utility Model Patents (UM) are highly related to invention patents; nevertheless, UMU solely protects products with new physical attributes in forms or compositions. It has less processing time due to formal exams and more vulnerable protection
  • Design Patent: The design patent should not be published overseas or in China, nor should be used in China before. Moreover, a design patent may not conflict with the earlier rights of another person. The external features include the shape, color and pattern of the product. As for the protection, only the appearance of the design is protected, not the technical aspects of the product.

How to register a Patent in China?

Step 1

Search

Proper study and research must be one of the first priorities. This intention assists you to decide what type of patent your invention drops under and whether any applications have been rejected. You must use the patent research service lawyer or spokesperson if you are fresh and don’t have much knowledge regarding patents.

One can always submit a test and request a test at the same instance to speed up the method and conserve capital

  • China Direct Patent Application: Foreign petitioners must apply to the local patent office to file a patent application. However, Foreign Investment Enterprises (FIEs) can apply for patents in China without a licensed patent attorney
  • Registering a patent application first in a foreign country: Needs to be a member nation of the Paris Convention, as all European Union (EU) countries do, and then submit a second patent application in China with a priority date within 12 months (6 months for design patents), declaring the date of priority of first application (date of the formal start of the application process).
  • Patent Cooperation Treaty (PCT): Selects China as one of the designated countries. Application PCT can be filed with the European Patent Office (EPO) either by any state patent office in the EU. Applicants must begin the “country phase”, i.e. procedure at SIPO, not later than 30 months from the priority date.
Step 1

Step 2

Application

China’s national patent applications must remain in the Chinese language and only Chinese patent claims can express the base of protection, which means that applications must be registered in the frame of text or electronic in Chinese characters. Patent documents

  • include description, figures/drawings, “claim” and summary
  • Patent details; (specifically her invention is and what she does)
  • Drawings (when necessary, for example a design);
  • priority document (if applicable)
Step 2

Step 3

Examination

China’s national patent applications must remain in the Chinese language and only Chinese patent claims can express the base of protection, which means that applications must be registered in the frame of text or electronic in Chinese characters. Patent documents

  • include description, figures/drawings, “claim” and summary
  • Patent details; (specifically her invention is and what she does)
  • Drawings (when necessary, for example a design);
  • priority document (if applicable)
Step 3

Step 4

Publication

If the patent application is examined successfully, then patent rights will be allowed to it and published in the appropriate Patent Gazette. New issues of Patent Gazette, Utility Model Patent Gazette and Exterior Design Patent Gazette are published weekly in the same publication. Certain are not obtainable online at, but you can acquire prints from SIPO.

Step 4

Step 5

Objection

If the patent application is examined successfully, then patent rights will be allowed to it and published in the appropriate Patent Gazette. New issues of Patent Gazette, Utility Model Patent Gazette and Exterior Design Patent Gazette are published weekly in the same publication. Certain are not obtainable online at, but you can acquire prints from SIPO.

Step 5

Step 6

Registration

If every complaint and claims are answered respectively and the settlements remain in support of the petitioner, the patent is granted in exchange for the registration fee. The entire patenting method holds about 2-5 years, but as regularities rise, the duration can also lengthen. Court fees are calculated on the basis of a claim for damages, i.e. the higher the number of claims for damages, higher the court fees

Step 6
Price of Patents

Patent registration cost in China

Costs may differ based on the complexity of your design. The charge of applying for a China patent ranges from 500 RMB to 900 RMB but can rise or lower depending on your design and the judicial aspects associated.

Age of Patents

How long does a patent last in China?

The duration for Patent Protection varies according to the type of patent. The details for each patent is mentioned below:

Invention patent: Usually allowed in 3 to 5 years and proven for 20 years from the filing date subject to an annuity payment

Utility Form: Usually issued within one year and valid for ten years from the filing date (or if priority date is claimed) subject to an annuity charges

Patents design: Usually given within one year and valid for ten years of the date of application (or preference data if priority is claimed) with a payment of annuities

At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in China doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs. 

*What to do?  How to do it?  When to do it?  Will it work?*

If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!