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There are three types of patent rights in China:

  • - Invention with 20 years of protection
  • - Utility Model with 10 years of protection
  • - Design with 10 years of protection
  • The language for filing is Chinese only.

    There are two channel for filing in China:

  • - Paris convention channle: claiming priority within 12 (or 6 for design) months based on the first filing in a foreign country; or
  • - PCT international application entering into Chinese national phase within 32 months from the earliest prioirty.
  • Procedure for granting a patent right in China:

  • - Preliminary examination for invention, utility model and design applications;
  • - Publication of the invention application at 18 months from the earliest priority date;
  • - Substantive examination for invention, which must be requested in 36 months the earliest priority date;
  • - Notification for granting a patent right subject to No rejection;
  • - Issuance of the patent right upon payment of registration fee and annuity;
  • - Effective since the date of announcement and issuance;
  • Documents to be submitted upon filing:

  • - a whole set of application documents including the specification, drawings, adstract and claims for invention and utility model, but drawings and brief description of drawings for design;
  • - Power of Attorneys or General Power of Attorneys executed by the applicant in China;
  • - copy of certified priority application; and
  • - assignment of the priority right executed by the assigner, if the applicant of the priority application is different from the applicant of the Chinese national applicaiton.
  • In addition, for PCT application entering Chinese stage:

  • - copy of the international publication;
  • - amendments and corresponding statements under Chapter I or II of PCT (if available); and
  • - copy of notification for Changes during the international phase.

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