Brief Introduction

Under the PRC laws, there are three types of patent rights:- patent for invention, utility model and design. Invention patents protect any new technical solution relating to a product, a process or an improvement thereof. Utility models only protect a product’s shape, structure, or a combination thereof. Design patents only protect new design of a product’s shape, pattern or a combination thereof, as well as the combination of the color and the shape or pattern of a product.

Unlike the "first to invent" system employed in the US, the PRC applies the "first to file" principle. A timely patent filing is highly recommended in order to obtain the patent rights in China. Except for PCT applications entering into China, foreign entities can file patent applications directly in China, with or without priority right based on Paris Convention. If priority right is claimed, the application in China must be filed within 12 months the filing date of the first application for an invention or utility model patent, 6 months for a design patent.   

Requirements

A. PoA

No notarization or legalization is required.

B. Priority Document

The priority document shall be submitted on the date of filing or within 3 months from that date.

C. Applicant’s Information

Applicant’s and inventor’s details

D. Application Documents

For Invention or Utility Model

Note: The official language is Chinese. In a PCT case, a translation into Chinese must be furnished and provided to CNIPA before the expiration of the 30-month term from the priority date (or 32 months with the extension), if the patent application materials are filed in another language.