Patent Registration in China 

International Patents

Patents in China are granted and administered by the State Intellectual Property Office (SIPO). Intellectual property in China may be enforced by administrative authorities or through civil or criminal litigation. China applies a standard of absolute novelty. (An invention is not new if it was published or publicly disclosed anywhere in the world.) The “all elements” rule applies in China – for an article to be an infringement it must contain features identical or equivalent to all elements of the patent claim. Any person can contest a patent’s validity.

An invention possesses industrial applicability if it can be made or used in such a way as to generate effective results. Excluded subject matter is in line with TRIPS, that is scientific discoveries, methods for mental activities, methods for the diagnosis and treatment of disease, animal and plant varieties, and a catch-all for other undesirable inventions. Software is explicitly included as a method for mental activity, however software inventions which produce a technical effect may be patented.

Patent Application in China

What Types of Patents can be registered in China?
There are three types of patents:
– Invention patents (substantive examination)
– Utility model patents (formal examination)
– Design patents (formal examination)

Registration Notes:
Foreigners, foreign corporations or other foreign organisations without habitual residence or place of business applying for patent in China must appoint an agent to carry out the process.

Approximate Registration Time Table:
The average processing time for patent registration procedure in China is 3 years.

Minimum Filing Requirements:
The applicant (s) details.
Claim: describe the protection scope of the patented technology
Abstract: provide the outline of the key technical aspect of the patent
Specification: provide written details and features of the patented technology
Drawings: illustrate structures or details of the patent

Patent Duration:
Invention patents – Renewable each year, for up to 20 years.
Utility model patents – Renewable each year, for up to 10 years.
Design patents – Renewable each year, for up to 10 years.

A patent applicant may enjoy the right of priority, in accordance with any agreement entered into between an oversea country and China or an international treaty.

CHINA Patent Quote

1 + 8 =

365 Ubuntu Climbs

365 Ubuntu Climbs With the Renaissance Guy The Renaissance Guy, Andrew Patterson, has a goal of hiking up Table Mountain, Cape Town, every day for a full year… but for what purpose? Last year, Andrew realised that he had a calling to contribute something...

Congratulations to Jacques and Kim

Congratulations to Jacques and Kim! Smit & Van Wyk, Inc. is proud to announce that two of our candidate patent attorneys, Jacques Steyn and Kimberley Smith, passed the Drafting of Patent Specifications examination set by the South African...

First to Use

First to Use What is First-to-Use? This means that the first person / entity that actually made use of the mark in connection with the goods and/or services for which they’re applying, will obtain registration and may prevent others from using it. This is...