Patent Law in China

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Patent Law in China

  1. 1.  PRC does not include Hong Kong, Macau and Taiwan  Chinese Patent Law came into force in 1985; amended in 1993, 2001 and 2010  First to file rule  Covers three types of patents, i.e. patents for invention, utility model and design  PRC signatory to Paris convention and PCT
  2. 2.  Non-patentable inventions - scientific discoveries; - rules and methods for intellectual activities; - methods for the diagnosis or treatment of diseases; - animal or plant varieties; - substances obtained by means of nuclear transformation; - designs that are mainly used for marking the pattern, color or the combination of the two of prints.  Novelty  Prominent substantive features  Practical use
  3. 3.  Documents to be submitted in duplicate -Written request - Written description with abstract and claims (unity of invention) - Power of attorney  Priority documents to be submitted within 3 months from date of filing  National phase entry – 30 months from priority date with option for extension of 2 months
  4. 4.  Filing fee  Additional fee for filing  Printing fee for publication  Latest within 2 months from date of filing
  5. 5.  Application published after 18 months from date of filing or priority date  Request for earlier publication (no fee)
  6. 6.  Preliminary examination  Substantive examination  Request for substantive examination – within 3 years from date of filing or priority date  Article 36 (1) “When the applicant for a patent for invention requests examination as to substance, he or it shall furnish pre-filing date reference materials concerning the invention.”
  7. 7.  If an applicant for patent is not satisfied with the SIPO’s decision of rejecting her application, the applicant may, within three months from the date of receipt of the notification, request the Patent Re-examination Board (PRB) in the SIPO to make a re-examination.
  8. 8.  Limited Opportunities - filing - with examination request - within 3 months of entering substantive examination  Otherwise, amendments limited to responses to examiner’s objections  Patentee may amend the patent in response to an invalidation action
  9. 9.  Registration – within 2 months from the date of receipt of the notification  Renewal fee from third year of date of filing  Within six months from due date with surcharge
  10. 10.  Request for invalidation and evidence in duplicate  Patent Re-examination Board sends a copy of the request for invalidation of the patent right relevant documents to the patentee and invite to present observations within a specified time limit
  11. 11. THANK YOU WeB: www.bananaip.com Blog: www.bananaip.com/sinapse-blog A Property of BananaIP

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