Patent Law in China
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2. PRC does not include Hong Kong, Macau and Taiwan
Chinese Patent Law came into force in 1985; amended in
1993, 2001 and 2010
First to file rule
Covers three types of patents, i.e. patents for invention, utility
model and design
PRC signatory to Paris convention and PCT
3. Non-patentable inventions
- scientific discoveries;
- rules and methods for intellectual activities;
- methods for the diagnosis or treatment of diseases;
- animal or plant varieties;
- substances obtained by means of nuclear transformation;
- designs that are mainly used for marking the pattern, color or the
combination of the two of prints.
Novelty
Prominent substantive features
Practical use
4. Documents to be submitted in duplicate
-Written request
- Written description with abstract and claims (unity of
invention)
- Power of attorney
Priority documents to be submitted within 3 months from date
of filing
National phase entry – 30 months from priority date with
option for extension of 2 months
5. Filing fee
Additional fee for filing
Printing fee for publication
Latest within 2 months from date of filing
6. Application published after 18 months from date of filing or
priority date
Request for earlier publication (no fee)
7. Preliminary examination
Substantive examination
Request for substantive examination – within 3 years from
date of filing or priority date
Article 36 (1)
“When the applicant for a patent for invention requests
examination as to substance, he or it shall furnish pre-filing
date reference materials concerning the invention.”
8. If an applicant for patent is not satisfied with the SIPO’s
decision of rejecting her application, the applicant may, within
three months from the date of receipt of the
notification, request the Patent Re-examination Board (PRB)
in the SIPO to make a re-examination.
9. Limited Opportunities
- filing
- with examination request
- within 3 months of entering substantive examination
Otherwise, amendments limited to responses to examiner’s
objections
Patentee may amend the patent in response to an invalidation
action
10. Registration – within 2 months from the date of receipt of the
notification
Renewal fee from third year of date of filing
Within six months from due date with surcharge
11. Request for invalidation and evidence in duplicate
Patent Re-examination Board sends a copy of the request for
invalidation of the patent right relevant documents to the
patentee and invite to present observations within a specified
time limit