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Intellectual Property Links |
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► Facsimile:
+86 20 37884462 |
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Frequently Asked Questions —
Patents |
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What's Intellectual Property? |
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Intellectual property refers to creations of
the mind: inventions, literary and artistic works, and symbols, names,
images, and designs used in commerce.Intellectual property is divided
into two categories: Industrial property, which includes inventions
(patents), trademarks, industrial designs, and geographic indications of
source; and Copyright, which includes literary and artistic works such
as novels, poems and plays, films, musical works, artistic works such as
drawings, paintings, photographs and sculptures, and architectural
designs. Rights related to copyright include those of performing artists
in their performances, producers of phonograms in their recordings, and
those of broadcasters in their radio and television programs. |
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What's a Patent
under Chinese Patent Law? |
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There are three types of patent
under the current Chinese Patent Law: Invention, Utility model,
and Design. Invention means
any new technical solution relating to a product, a process or
improvement thereof. The duration of patent for invention is
twenty years from the date of filing the application in China
subject to the payment of annual fees, no extension.
Utility model means any new
technical solution relating to the shape, the structure, or
their combination of a product, which is fit for practical use.
The duration of patent for utility model is ten years from the
date of filing the application in China, subject to the payment
of annual fees, no extension.
Design means any new design of
the shape, the pattern or their combination, or the combination
of the color with shape or pattern of a product, which creates
an aesthetic feeling and is fit for industrial application. The
duration of patent for design is ten years from the date of
filing the application in China, subject to the payment of
annual fees, no extension. |
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How is a Patent for
Invention/Utility Model/Industrial Design Granted in China? |
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A patent application for invention
is examined as to the substance. In order to initiate the
substantive examination procedure, applicant must submit a
formal request within three years from the Chinese filing date
or the priority date, whichever is earlier. Otherwise, the
application shall be deemed to have been withdrawn.
A patent application for utility model and design is not
examined as to the substance. Patent will be issued
automatically after preliminary examination. |
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What are
Requirements for Filing a Patent Application in China? |
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Each application for invention or
utility model must include the following documents:
► Power of Attorney, signed by the applicant (Notarization or
legalization is not required);
► Specification with claims and abstract;
► Drawings, if any (two sets of formal drawings);
► Certified copy of the prior application, if a priority is
claimed; and
► Assignment of priority right, if the applicant in China
differs from that of the prior application.
► For entry into national phase in China of a PCT international
application, international publication pamphlet, international
preliminary examination report with annex and any amendments
concerned if the applicant would like to bring such amendment
into the examiner's consideration during the examination on the
application in China.
Each application for design must include the following
documents:
► Power of Attorney, signed by the applicant (Notarization or
legalization is not required);
► Drawings or photographs of the design, in triplicate (min.
3x8cm, max. 15x22cm);
► Certified copy of the prior application, if a priority is
claimed, and
► Assignment of priority right, if the applicant in China
differs from that of the prior application. |
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How to Filing PCT
Application for National Phase into China within 30 months? |
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A PCT application should enter into
Chinese national phase within 30 months from the priority date.
► Power of Attorney, with the
original signature or seal of the applicant. The Power of
Attorney can be late filed.
► PCT publication with the international search report.
► International preliminary examination report with its annex,
► Amendments made during the international phase (PCT Article 19
and/or Article 34 amendments, if any),
► Proposed amendments at the time of national phase entry (PCT
Article 28 or Article 41 amendment, if any). |
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