Scope of the China Patent Law and Application Procedures
Patent rights are one type of intellectual property right. The current Patent Law in China protects three types of work including inventions, utility models and designs. The technical aspect of a product is the primary protected content of inventions and utility models, whereas patents of design concern new designs of shape, pattern or a combination of the two. The authority overseeing patent issues, including patent application, is the State Intellectual Property Office of P.R.C. (SIPO). The examination and approval of a patent is based on a first-to-file principle. Starting from the filing date, a patented invention can enjoy a 20 year protection term whilst the term for a utility model and design patent is limited to 10 years.
The general process of applying for a patent right in China is illustrated below; details of each patent type will be discussed in later sections.
Step I: Check if the patent has been registered or not before making an application.
Step II: Documents preparation:
· Inventions &Utility models – Prepare two copies of all the following documents: