China - Register for Patent License

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Procedure

When a person intends to apply for an invention or utility model patent, he shall submit the relevant documents, such as a written request, a written description and its abstract, and a written claim. In the written request shall be specified the name of the invention or utility model, the name of the inventor or designer, the name or title and the address of the applicant and other related matters. The written description shall contain a clear and comprehensive description of the invention or utility model so that a technician in the field of the relevant technology can carry it out; when necessary, pictures shall be attached to it. The abstract shall contain a brief introduction to the main technical points of the invention or utility model. The written claim shall, based on the written description, contain a clear and concise definition of the proposed scope of patent protection. With regard to an invention-creation accomplished by relying on genetic resources, the applicant shall, in the patent application documents, indicate the direct and original source of the genetic resources. If the applicant cannot indicate the original source, he shall state the reasons.

When a person intends to apply for a design patent, he shall submit a written request, drawings or pictures of the design, a brief description of the design, and other relevant documents. In the relevant drawings or pictures submitted by the applicant shall clearly be shown the design of the products for which patent protection is requested.

The date when the patent administration department under the State Council receives the patent application documents is the date of application. If the application documents are delivered by post, the date of the postmark is the date of application.

If, within twelve months from the date the applicant first files an application for an invention or utility model patent in a foreign country, or within six months from the date the applicant first files an application for a design patent in a foreign country, he files an application for a patent in China for the same subject matter, he may enjoy the right of priority in accordance with the agreements concluded between the said foreign country and China, or in accordance with the international treaties to which both countries have acceded, or on the principle of mutual recognition of the right of priority.

If, within twelve months from the date the applicant first files an application for an invention or utility model patent in China, he files an application for a patent with the patent administration department under the State Council for the same subject matter, the applicant may enjoy the right of priority.

An applicant who requests the right of priority shall submit a written declaration at the time of application and submit, within three months, duplicates of the patent application documents filed for the first time. Where no written declaration is submitted or no duplicates of the patent application documents are submitted at the expiration of the specified time limit, the applicant shall be deemed to have waived the right of priority.

An application for an invention patent or utility model patent shall be limited to one invention or utility model. Two or more inventions or utility models embodied in a single general invention concept may be handled with one application. An application for a design patent shall be limited to one design. Two or more similar designs of one and the same product or two or more designs of products of the same kind that are sold or used in sets may be handled with one application.

An applicant may withdraw his patent application anytime before being granted the patent right.

An applicant may amend his patent application documents, provided that the amendment to the invention or utility model patent application documents does not exceed the scope specified in the original written descriptions and claims, or that the amendment to the design patent application documents does not exceed the scope shown in the original drawings or pictures.

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Required Documents

For applying for a patent of invention or utility model, an application shall be filed first, a request, a description and its abstract, and claims shall be submitted.

For applying for a patent for design, an application shall be filed first, a request, drawings or photographs of the design shall be submitted, and the product incorporating the design and the class to which that product belongs shall be indicated.

Office Locations & Contacts

State Intellectual Property Office of the Peoples Republic of China SIPO contacts

Eligibility

Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability, and any design for which patent right may be granted must not be identical with and similar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not be in conflict with any prior right of any other person.

Fees

The annual fee of the year in which the patent right is granted shall be paid at registration. The subsequent annual fees shall be paid in advance within the month before the expiration of the preceding year.

Validity

The duration of China Patent for invention is twenty years, the duration of patent for utility model and design is ten years, counted from the application date in China.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

Please explain processing time taken in obtaining the document/certificate.

Related Videos

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	

Instructions

Pursuant to Article 19 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the Patent Administration Department Under the State Council to act as his or its agent.

Any document submitted under the Chinese Patent Law and its Implementing Regulations must be in Chinese. For PCT applications, the document can be filed in either Chinese or English. However, a Chinese translation of the application has to be submitted within 20 months of the priority date.

Required Information

For applying for a patent of invention or utility model, an application shall be filed first, a request, a description and its abstract, and claims.

For applying for a patent for design, a request, drawings or photographs of the design shall be submitted, and the product incorporating the design and the class to which that product belongs shall be indicated.

Need for the Document

There are three kinds of industrial property rights in China, including patent, trademark and copyright. Patent is composed of "patents for invention", "patents for utility model" and "patents for design".

Information which might help

China Patent refuse the following categories: According to Article 5 and Article 25 of the China Patent Law, the following items are unpatentable in China:

• any invention-creation that is contrary to the laws of the state or social morality or that is detrimental to public interest
• scientific discoveries;
• rules and methods for mental activities;
• methods for the diagnosis or for the treatment of diseases;
• animal and plant varieties;
• substances obtained by means of nuclear transformation.

For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.

Other uses of the Document/Certificate

If your invention has Chinese market potential and you think that another company could make profits from your invention, you need protection from a patent.

A patent gives you the right to exclude others from making your product.

As a patent gives exclusivity, the patent holder has time to market the invention without competition making him/her able to charge higher prices.

It gives the right to initiate legal action against anyone that is making or selling, without permission, the patent holder invention.

You can make money by licensing or selling your invention to someone else.

It gives you priority over third parties wanting to register their patents in countries that do not require registration.

External Links

How to Apply for Chinese Patent

State Intellectual Property Office of the Peoples Republic of China SIPO

Ministry of Commerce People's Republic of China

General Administration of Customs of the P.R.C

Trademark Office under the State Administration for Industry and Commerce of the P.R.C

Others

Computer programs as such cannot be patented, but may be protected under the "Regulations on Computers Software Protection", formulated in accordance with the Copyright Law. An inventi