CHINA

• INTERNATIONAL TREATIES TO WHICH CHINA IS SIGNATORY
  • • Paris Convention for the protection of industrial property
    • Patent Co-operation Treaty – PCT.
    • Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
    • Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure
    • Strasbourg Agreement Concerning the International Patent Classification.
• TIME LINE NATIONAL PHASE ENTRY – PCT
  • 	Chapter I Under PCT Article 22	Chapter II Under PCT Article 39(1)
    National Phase Entry	30 Months from the date of priority.	30 Months from the date of priority.
    Request for Examination	No Request is required and done automatically	No Request is required and done automatically
    Post Examination Compliance	120 Days to reply to examination report.	120 Days to reply to examination report.
    Any other compliance	Working of patents must be submitted post grant.	Working of patents must be submitted post grant.

• PATENT LEGISLATION IN CHINA

  • IP LAW IN CHINA

    China follows the Civil Law System.

    Patents in China are governed by Patent Law 2001 and are granted by the Chinese Intellectual Property Office SIPO

• BASICS REGARDING PATENTABILITY OF INVENTIONS IN CHINA

  • Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:

    • Are New or Novel
    • Involve an inventive step
    • Comprise of a process or an Industrial application of the invention. For an Invention to be patentable, it should contain the following:

    (i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.

    (ii). Inventive Step: An invention is said to contain an inventive step if for “a man skilled in the art it does not yield results in an obvious way from the state of the art”.

    (iii). Industrial Application: of the invention would be ˜when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”

• INVENTIONS NOT PATENTABLE IN CHINA

  • Inventions pertaining to the following:

    • Inventions that violate laws, social ethics harm public interest.
    • Discoveries, Scientific Theories & Mathematical methods.
    • Aesthetic creations and scientific discoveries.
    • Charts
    • Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
    • Programmes for Computers.
    • Inventions contrary to public order & morals.
    • Methods of treatment regarding humans and animals.
    • Plant or Animal varieties, Bio processes for the production of plants, animals excepting micro-organisms.
    • Any biological processes essential in producing plants, animals, excepting non-biological processes, microbiological processes.
    • Inventions obtained through reliance on genetic resources resulting in violation of laws and regulations.
    • Substances obtained through nuclear transformation.

    PartityPatents through it’s associate Law Firms in China, is at hand to help you with patent registration and prosecution.

• FILING REQUIREMENTS OF PATENTS IN CHINA
  • • The date, month and year of the application.
    • Clear & full address of the applicant.
    • Full name & nationality of the applicant.
    • Full name & address of the proxy if relevant.
    • A special power of attorney along with application by a proxy.
    • A request that a patent may be granted.
    • Title of the invention.
    • Description of the invention.
    • Claims
    • Abstract
    • Drawings
    • Priority Documents
• EXAMINATION OF THE PATENT APPLICATION IN CHINA
  • • Inventions sought to be filed for patent protection in foreign countries shall be submitted to confidentiality examination.
    • Upon receipt of the patent application, it is formally examined and published within 18 months or earlier upon request by the applicant.
    • Within three years from the date a patent application is filed, a request may be made by the applicant to carry out substantive examination.
    • Applicant not requesting substantive examination any time within three years shall render the application as withdrawn.
    • The state may carry out substantive examination on its own accord if it deems necessary.
    • Applicant to submit within specified time limit, materials and documents concerning searches made for the purposes of examining the said application in other countries as relevant. Failure to do so, without legitimate reasons, will render the application as withdrawn.
    • Post examination, application still not in compliance with stipulated requisites will be rejected by the authorities.
    • Once the application is filed, the application is scrutinised for defence & security aspects.
    • The application is also examined for formal & substantial requirements.
    • Applicant to submit within specified time limit, materials and documents concerning such as made for the purposes of examining application in other countries.
    • Failure to do so without legitimate reason will render the application as withdrawn.
• RIGHTS OF THE PATENTEE IN CHINA

  • Patents with a term of 20 yrs.

    Utility models with a term of 10 yrs.

    • Patents confer on its holders and successors exclusive rights to work the invention.
    • Patentee may authorise such uses of the patent through a contractual agreement with interested parties so import, rent out, deliver or sell the product patent.
    • Patentee may authorise working of the patent either through a manufacturers or an importer.
    • Patentee may even assign, lease or licence the patent.
    • Patentee is entitled to take legal action against infringers.
• COMPULSORY LICENCES OF PATENTS IN CHINA
  • • After the expiry of 3 years commencing from the date of grant of a patent or 4 years since patent application submitted, interested parties may file a request for a compulsory licence with the Intellectual Property Office, when the invention is not put to work.
    • Patentee indulging in unfair competition.
    • During national emergencies, extraordinary state of affairs and if public interests so requires.
    • Inventions owned by state enterprises or institutions found to be of great importance to national, public interests which may be applied widely and exploited accordingly. Royalties may be paid to patentee therein.
    • Compulsory licences may be granted upon application made by any unit, individual possessing appropriate conditions for exploitation.
    • Where a national emergency or any extraordinary state of affairs occurs or where the public interest so requires, the Patent Administration under the State Council may grant a compulsory licence to exploit the patent.
    • Patents involving important technical advances of considerable industrial value attained through exploiting another patent, owner of the first patent may be granted compulsory licence to exploit the second patent.
    • Second patent owner may in turn / return be granted a compulsory licence to exploit the first patent at reasonable conditions.

    ParityPatents through its specialist Patent Lawyers and Patent Attorneys in China can comprehensively assist you with Compulsory Licence matters.

• PATENTS Cost of Registration in CHINA

  • Please write a mail for the cost of registration of Patents in China to the mail address given below:

    contact@paritypatent.com