What should overseas applicants know about Chinese patents

Designated Chinese Patent Agency:

According to Article 19 of the Chinese Patent Law, foreigners, foreign companies, or other foreign organizations that do not have a habitual residence or place of business in China apply for patents in China, or have other patent matters that need to be handled, they shall entrust a patent established in China according to law Agency agency.

Language Requirements:

Except for certificates or certification materials provided by foreign government departments or issued in foreign countries, patent application documents and other documents should be in Chinese. Application documents written in other languages should be translated into Chinese. The Chinese text of the patent application submitted by the applicant shall be used as the basis for examination.

If you want to apply for a Chinese patent, what documents do you need to prepare?

1. Authorization letter
2. Application form
3. Basic information description of the applicant and inventor
4. Priority certificate/DAS number (if priority is claimed)
5. Patent application documents to be submitted:
(1) Invention patent: rights Claims, description, if there are drawings, abstract, if there are drawings, drawings of the abstract; and
(2) Utility model patents: claims, description, drawings, abstract and drawings of the abstract.
(3) Design patent: pictures or photos of the design and a brief description of the design.

What is the patent application process in China?

According to the China Patent Law, the examination and approval procedures for invention patent applications include five stages: acceptance, preliminary examination, publication, substantive examination and authorization. There are no early publication and substantive examination of utility model or design patent applications, only three stages of acceptance, preliminary examination and authorization.

The application time for the entire application process:

Invention patent: about 2-5 years;
Utility model patent: about 6 months-12 months;
Appearance design patent: about 6-9 months.

If you need further assistance, please feel free to contact us.  marketing@gomaxgroup.com