Patent registration in China. China, officially the People’s Republic of China, is a country in East Asia. China is the world’s largest economy by GDP at purchasing power parity, second-largest economy by nominal GDP, and the world’s second-wealthiest country by total wealth. The country has a fast-growing major economy and is the world’s largest manufacturer and exporter. China is a recognized nuclear-weapon state with the world’s largest standing army by military personnel and second-largest defense budget. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in China.
Patent in China
- An invention patent in China protects mainly technical solutions that have to be new, possible to implement, and nonobvious.
- A utility model patent in China protects solutions related to new shapes, structural physical features, or a combination of both.
- A design patent protects unique designs related to the shape, pattern, color, or combination of them.
Consequently, on the other hand, the following subjects won’t be registrable for a patent in China:
- Scientific discoveries;
- Rules and methods for intellectual activities;
- Methods for the diagnosis or treatment of diseases;
- Animal or plant varieties;
- Substances obtained utilizing nuclear transformation or methods of nuclear transformation;
- Designs that are used mainly for marking a pattern, a color, or a combination of the two.
Necessary documents for patent registration in China
The necessary documents for patent registration in China include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
The procedure for patent registration in China
To obtain a patent in China, the applicant needs to file their patent application to the China IP Office (CNIPA).
The patent application in China will then undergo a preliminary examination to check if it complies with the regulations of the law.
At this moment, in the case of utility model and design patents, the applicant will be granted a patent.
However, for invention patents, things might get a little bit more complicated. Though if the IP Office deemed that the application is patentable, it might still be patented.
Nonetheless, the applicant can have another choice which is to request a substantive examination on the patent application within 3 years from the filing date.
If the application is rejected, the applicant can start the reexamination process. This can be done through the Re-examination and Invalidation Department of the Patent Office (RIDPO) of CNIPA no later than 3 months after being notified of the rejection.
When obtaining the official notification about the decision to grant the patent from the IP Office, the patentee will then need to formally register the patent within two months from the date of notification.
When all necessary procedures are made, a patent certificate will be issued and announced. The formality is crucial to follow as if failed, the patent will be treated as abandoned.
You can find a list of China IP firms here