China MOKPOON Law Firm

넳 넲

Patent Matters in China

MokPoon provides assistances on patent matters in China, including:

◆Filing application for patent（invention, utility model, and industrial design）;

◆Registration of change of bibliographic data for inventor, applicant and patentee;

◆Request for reexamination of patent application

◆Request for invalidation of patent right

◆Patent prosecute and litigation

◆Licensing and assignment of patent right

◆Patent protection before the customs

1、How to apply for patent in China?

Pursuant to Article 19 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the Patent Administration Department Under the State Council to act as his or its agent.

2、Three kinds of patent is applicable in China

◆Patents for invention

◆Patents for utility model

◆Patents for design.

The duration of China Patent for invention is twenty years, and the duration of patent for utility model and design is ten years, counted from the filing date in China.

3、Guidance for Chinese Patent Filing

1）Patent application for inventions and utility model:

a)Applicant and inventor(s) information, including name, nationality, and address;

b)A copy of description, claims, abstract, and drawings if any;

c)Certified priority document (if priority is claimed), which is able to be late submitted within three (3) months from the Chinese filing date;

d)Power of attorney, which is able to late filed within three (3) months from the Chinese filing date;

e)Certified copy of the Assignment, in the case that the assignment of the applicant occurs;

2). Entry of national phase in China of PCT application

a)Applicant and inventor(s) information, including name, nationality, and address;

b)A copy of PCT Publication;

c)Priority information, no certified priority document is required.

d)Power of attorney, which is able to be late filed within three (3) months from the Chinese entry date;

Note: The Chinese application may be filed within two (2) months after the expiration of twenty (20) months - or thirty (30) months term.

3. The Chinese design patent applications:

a)Applicant and inventor(s)’ information;

b)A set of design drawings or a copy of the prior foreign application; No shading lines are permitted, but various views (perspective, front, rear, left, right, top and bottom) showing the ornamental features are required.

c)Certified Priority document, if priority is claimed.

(Please feel free to contact us at mail@mokpoon.com for any enquiries on patent matters in China)