Application for Patent Registration in China
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Application for Patent Registration in China
What is a patent?
A patent is a way of making a company's core technology, such as a device, product, method, material or formulation, a legally enforceable right. For your application to be successful, your invention technology must be novel and inventive. Once the Chinese mainland patent application is obtained, it will grant you exclusive commercial rights (monopoly) to your invention. With a patent, the government gives you the right, as an inventor, to prevent others from making, using, or selling your core inventive technology for up to 20 years from the date the patent is granted until the date you file your patent application.
I.The benefits of patents
- Advantages of patent application in China:
- Prevent infringement
Block the right of others to make, use, or sell your invention in the country where your patent was granted without your permission. - Protect intellectual property
Let you license others to make your invention on agreed terms or take legal action against someone who uses your invention without your permission. When you own a patent, you may be able to sue the infringe for all damages that occurred after your patent was granted. - Property value
Patents can be of great value. You can sell them, license them, or use them as assets to attract investors’ money. - Increase business opportunities
Having patent rights will increase the willingness of your customers to place orders, and even many foreign manufacturers only pay attention to cooperation with companies that have patent rights.
Prevent infringement
Block the right of others to make, use, or sell your invention in the country where your patent was granted without your permission.
Intellectual property
Let you license others to make your invention on agreed terms or take legal action against someone who uses your invention without your permission. When you own a patent, you may be able to sue the infringer for all damages that occurred after your patent was granted.
Property value
Patents can be of great value. You can sell them, license them, or use them as assets to attract investors’ money.
Business opportunities
Having patent rights will increase the willingness of your customers to place orders, and even many foreign manufacturers only pay attention to cooperation with companies that have patent rights.
If you believe your patent has been infringed, you can sue for damages in the appropriate court. The defendant may argue that infringement did not occur or may attack the validity of your patent. The court will decide who is right largely based on the wording of the claim. If the defendant’s actions are not within the wording of any claim in your patent, or if the patent is declared invalid for any reason, there is no infringement.
II.Is it necessary to apply for a patent?
If you develop a new device, method, or process, you should decide whether to patent it as part of your business strategy. Applying for a patent may be the right choice for you if:
- The potential for commercial returns outweighs the time, effort, and money required to obtain and maintain a patent.
- The monopoly afforded by patents will help reduce the risk of intellectual property (IP) theft in your market of interest.
- You have the resources to manage the IP.
When deciding whether a patent is right for you, consider filing a provisional application with the Patent Office.
The provisional filing fee is lower and gives you a priority date indicating that you are the first to file a new invention with us. While a provisional filing will not give you the protection of a full patent, it does give you up to 12 months to consider whether to further qualify for a full patent before deciding to proceed with your patent application.
If you are considering expanding your business overseas, you may also consider applying for the Patent Cooperation Treaty (PCT) for your invention. A PCT application will give you a quick idea of whether your invention is patent able. It also allows you to decide in which countries you want protection. At the same time, the PCT provides up to 30 months of time to think and evaluate the global market layout.
III.What projects can apply for a patent?
Patents apply to inventions. An invention is eligible for patent protection if it:
- Industrial——The patented technology can be used by the industry and has the demand of the industry.
- The latest——The world’s only, unique.
- Creativity——Demonstrating originality that cannot be replaced or altered by others in the same field of invention.
The invention can be:
- A product. (eg: door lock)
- An ingredient. (eg: chemical composition used in door lock lubricants)
- A machine. (eg: a machine that makes door locks)
- A process. (eg: a method of making a door lock)
- A piece of software (eg: computer software)
IV.What projects cannot apply for a patent?
Things that cannot be patented include:
- Scientific principles and abstract theorems.
- Medical or surgical methods.
- higher life forms.
- form of energy.
- Has only intellectually or aesthetically meaningful characteristics.
- printed matter.
- Violating good customs.
V.In China, how many types of patents are there?
- Patent registration in China is mainly divided into three categories:
- Design patent:
It is a new design that is aesthetically pleasing and suitable for industrial applications made by the indicator of the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. Generally, all original designs involving product appearance can apply for a design patent, and the protection period of the design is currently 10 years. After June 1, 2021, the protection period of the patent will be extended from 10 years to 15 years. - Utility model patents:
It is a suitable and practical new technology solution proposed by the indicator for the shape, structure, or combination of the product. The term of protection for a utility model patent is 10 years. - Technical invention patent:
It is a new technical solution proposed by an indicator for a product, method or its improvement. Different from a utility model patent, an invention patent can be either a product or a method, while a utility model patent must be a product. The protection period of the invention is the longest among the domestic patent classifications, up to 20 years.
- Design patent:
It is a new design that is aesthetically pleasing and suitable for industrial applications made by the indicator of the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. Generally, all original designs involving product appearance can apply for a design patent, and the protection period of the design is currently 10 years. After June 1, 2021, the protection period of the patent will be extended from 10 years to 15 years. - Utility model patents:
It is a suitable and practical new technology solution proposed by the indicator for the shape, structure, or combination of the product. The term of protection for a utility model patent is 10 years. - Technical invention patent:
It is a new technical solution proposed by an indicator for a product, method or its improvement. Different from a utility model patent, an invention patent can be either a product or a method, while a utility model patent must be a product. The protection period of the invention is the longest among the domestic patent classifications, up to 20 years.
VI.The patent application process in China is as follows:
- Application
No matter how good an invention is, if you don’t apply for it, you can’t get a patent right. The application requires filling in the forms prescribed by the relevant laws and regulations and submitting them to the State Intellectual Property Office (Mainland Patent Office).
Patent registration implements the first-to-file system, that is, two parties apply for a patent for the same invention, and the first applicant obtains the patent. Therefore, it is advisable to file an application as soon as possible after the invention. It is best not to disclose your invention until you file a patent application. - Acceptance review
Submitted applications will be checked for compliance with the necessary procedural and formal requirements, and will be accepted after payment of fees. - Preliminary review
An invention patent application must submit an application for examination and pay the examination fee before it can enter the examination, and only have the prospect of patent authorization. - Advance announcement
After the China Patent Office accepts the application, it will conduct a preliminary examination of the patent application. After the preliminary examination is passed, the inquiry can be made within 18 months from the date of application. - Substantive examination
Applications entering the substantive examination will be queued up in order. During the substantive examination, the examiner will conduct a comprehensive examination to check whether the patent application has novelty, inventive step, practicality and other substantive conditions stipulated by the Patent Law, and whether there are any reasons for rejection. The examiner will decide whether the invention should be patented. These requirements include:
1.Whether the claimed invention is based on a technical idea utilizing the laws of nature.
2.Whether it has industrial applicability.
3.Whether the technical idea existed prior to the filing of the current application.
4.Whether it can be easily invented by those skilled in the art.
5.Whether the application is the first to be submitted.
6.Whether it is easy to violate public order and morals.
7.Whether it fully complies with the patent ability requirements. - Authorized registration
After preliminary examination for utility model and design patent applications, and no reason for rejection is found for invention patent applications after substantive examination, the examiner shall prepare a letter of authorization to prepare for the authorization and registration. After the examiners review the legal validity and integrity of the authorized text, proofread and amend the bibliographic items of the patent application and confirm that they are correct, the Patent Office will issue a notification of authorization and notification of registration procedures.
VII.Find a patent agent
The process of patent registration in China from filing to grant is often an uncertain and arduous journey. Most experts agree that inventors should use the services of a registered patent agent to help navigate the complexities of patent law. In fact, more than 90% of patent applications are filed with the support of an agent, and the assistance of an agent can greatly increase the chances of success.
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