For accurate fees in China, contact IIPLA today.
The term for filing a patent application in China
The term to register a patent application in India claiming conventional priority is 12 months from the priority date. The term cannot extend.
Filing requirements in China
Chinese is the official language. If the patent application is in any other language, then its translation must be submitted at the time of its filing. The late filing does not exist in China
It is necessary to provide the CNIPA with the applicant and inventor details and application materials to obtain the filing date.
The person should submit the POA at the time of Patent filing or within three months from receiving the corresponding notification from the Patent Office.
If the Priority Document is in any other language, the deadline to submit the English translation of the priority document is likely three months from the earliest priority date claimed.
It is not important to provide the Assignment Deed between the inventor(s) and applicant(s) when filing a patent application.
Examination of a Chinese patent application
In China, Patent applications undergo formal and substantive considerations. The request for a substantive review of a patent application in China must be made within three years from the priority date.
Novelty grace period
As per the Chinese legislation, the patent office does not disapprove the novelty of the invention disclosed within six months prior to filing if:
– it’s disclosed by any person without the knowledge of the applicant.
– it’s first exhibited at an international exhibition authorized by the Chinese Government.
– it’s first made public at a prescribed conference or technological meeting.
Grant, validity term
The validity of a patent in China is 20 years from the date of filing. At the time of registration, the first annual fee, as well as stamp tax for the patent certificate and publication fee, is paid. The subsequent annual fees should be paid in advance before the expiry of its international filing date. Late payment can be made within a six-month grace period by paying a corresponding additional charge.
Duration of the registration procedure
In China, the average processing time for patent registration is three years.
In China, it is possible to obtain utility model protection.
Utility Models shall be granted for new and practical technical solutions relating to the shape, size, and structure of a product which are fit for commercial use.
The maximum protection period of a utility model in China is ten years from the international filing date.
Representation by a patent attorney
Foreigners must perform patent prosecution in China through an agent, a Chinese patent attorney registered before the China National Intellectual Property Administration.
If you have any queries related to the Patent Filing in China, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.
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