1 Filing a patent application for invention in China
Documents and Information Needed:
a) Specification (description + claims + abstract + drawings).
b) Instruction letter, indicating the title of invention, applicant's name and address, inventor's name and address, the priority date and initial filing number and the country where the initial application was filed (if the priority is claimed). In case of a Japanese applicant, both Japanese and Chinese characters should be given for the names and address, and so does Korean applicant; Both English and Chinese are needed for the applicants located in Hong Kong, Macao, Taiwan, and some Asian Countries where Chinese is also used.
c) A duly executed Power of Attorney, which can be submitted within two months from the Chinese filing date.
d) A duly executed assignment, if the applicant as indicated in the certified priority document is not the same as the one who files in mainland China. If the said assignment form is a copy one, it should be notarized. Both certified priority document and the assignment for applying right (if necessary) can be late submitted within three months from the Chinese filing date.
If one-year priority period is over, the application can still be filed as new application without claiming the conventional priority right, provided the application first filed in another country is not yet laid open.
e) For fees, please contact our Patent Department.
Please note that amending and/or drafting fees are based upon the actual time consumed as a rate of about 100 US$.
2 Filing a patent application for utility model in China
Documents and Information Needed:
a) Specification (description + claims + abstract + drawings).
b) Instruction letter, indicating the title of invention, applicant's name and address, inventor's name and address, the priority date and initial filing number and the country where the initial application was filed (if the priority is claimed). In case of a Japanese applicant, both Japanese and Chinese characters should be given for the names and address, and so does Korean applicant; Both English and Chinese are needed for the applicants located in Hong Kong, Macao, Taiwan, and some Asian Countries where Chinese is also used.
c) A duly executed Power of Attorney, which can be submitted within two months from the Chinese filing date.
d) A duly executed assignment, if the applicant as indicated in the certified priority document is not the same as the one who files in mainland China. If the said assignment form is a copy one, it should be notarized. Both certified priority document and the assignment for applying right (if necessary) can be late submitted within three months from the Chinese filing date. If one-year priority period is over, the application can still be filed as new application without claiming the conventional priority right, provided the application first filed in another country is not yet laid open.
For a utility model application, method can not be claimed. And it must include drawings, whereas a patent for invention can include no drawings.
3. Filing A Patent for Industrial Design in PRC
Documents and Information Needed:
The same as the above in the requirement for filing a patent for invention.
At least two sets of drawings or photos (Front, rear, top, bottom, right and left views ) plus a perspective view, if necessary, are required. Size of the drawings should be 15 X 22 > size > 3 X 8 cm. Instead of drawings, photo can be provided. Additionally four sets of black and white photos should be provided if no color is to be protected. Three sets of color photos and three sets of black and white photos should be provided if color is to be protected. 3 R photos will just do so . Please note that when photos are taken, the article must be placed on a background of ONE COLOUR. There must be no other article in the background except the one whose design is to be protected. Drawings or photos must all contain ORTHOGONAL VIEWS!
A duly executed Power of Attorney which can be late submitted within two months from the actual Chinese filing date.
If a priority is claimed (the priority period for an industrial design application is only six months at all ), the initial filing number and date and the country where it was filed should be provided. If a certified priority document can not be provided at the same time, it can be late submitted within three months form the actual Chinese filing date. Please note that if the applicant as indicated in the priority document is not the same as the one who files in mainland China, an assignment should be provided. If the said assignment is a copy one, it should be notarized.
4. Filing PCT Applications for Entering the Chinese National Phase
1. Documents required under Chapter I of PCT
(1) PCT Request along with the original specification or the published PCT application;
(2) Copy of International Search Report;
(3) Amended claims according to the Article 19 of PCT ( if any );
(4) Power of Attorney executed by the applicant.
2. Documents required under Chapter II of PCT
(1) In addition to the documents listed above, copy of the International Preliminary
Examination Report;
(2) Amendment to the specification according to the Article 34 of the PCT ( if any);
(3) Copy of Form PCT/IB/332.
Please note that, upon entry into Chinese National Phase, any amendment to the specification should be provided if the applicant desires to amend the specification according to Articles 28 & 41 of the PCT.
IMPORTANT NOTICE:
1. The request for entering the Chinese national phase should be filed before the expiration of 30 months from the earliest priority date or the PCT international filing date. 2 months grace period can be extended upon payment of surcharge. That is, if the request is not filed within 30 months, it then can be filed within 2 months after the expiration of 30 months.
2. The Patent Office of State Intellectual Property Office only accepts the specification in CHINESE. If the International Search Report is established by EPO, JPO or Swedish Patent Office, the Chinese Patent Office will deduct 20% of examination fee.
3. Additional official fees will be charged for claims in excess of 10 in the PCT initial application or the published application.
4. The applicant is not required to submit any citation as requested by Article 36 of the Chinese Patent Law when filing a request for examination of the PCT application.
The information regarding Chinese patent assignment, annuity, license and other matters, please contact us at mail@lexgoal.com |
