Patent, as one of the three categories of intelletual property rights, is a legal right granted by a government to an inventor, giving them the exclusive right to make, use, sell, and distribute an invention for a certain period. China Patent Application, means filling a patent to China National Intellectual Property Administration (CNIPA).
With the world’s largest population and a burgeoning economy, China presents a vast market for new products and technologies. Securing a patent in China not only provides legal protection against infringement but also grants the inventor exclusive rights to exploit the invention commercially within the country. This exclusivity can be a significant advantage in a competitive market, allowing inventors to establish a strong foothold and potentially reap substantial financial rewards.
The importance of obtaining a Chinese patent is multifaceted. Firstly, it ensures that the inventor’s intellectual property is recognized and respected within China, which is critical for maintaining a competitive edge. Secondly, it can deter potential infringers and provide a legal basis for taking action against those who violate the patent rights. Moreover, holding a Chinese patent can be a valuable asset when seeking partnerships, investments, or when negotiating with potential buyers or licensees. It also enhances the inventor’s credibility and can lead to further opportunities for collaboration and innovation.
There are three types of patent in China, including invention, utility, and design.
-Invention Patent (发明专利) – Protects new technical solutions related to products, processes, or methods. It undergoes substantive examination and is granted for 20 years from the filing date. From January to November 2024, China granted approximately 972,000 invention patents.
-Utility Model Patent (实用新型专利) – Covers minor improvements to product structures and shapes. It does not require substantive examination, making it faster to obtain. The protection lasts 10 years from the filing date. In the same period, around 1,816,000 utility model patents were granted.
-Design Patent (外观设计专利) – Protects the visual appearance (shape, pattern, or color) of a product. It is valid for 15 years from the filing date. Approximately 576,000 design patents were granted between January and November 2024.
China patent applications needs professional advise and prosecution, so it is very necessary for foreign applicants to turn to a qualified agent. The official language is Chinese. A translation of the application into Chinese must be submitted at the time of filing; late filing is not applicable. Before the application,
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The timeline for patent application in China can vary in terms of different types, but generally, it follows a structured process. Just taking an example of invention application, after the initial filing, the application is examined by the China National Intellectual Property Administration (CNIPA) for formalities and substantive examination. The formal examination typically takes 1-3 months, while the substantive examination can extend from 18 months to several years, depending on the complexity of the invention and the backlog of applications. Once the application passes both examinations, the patent is published for opposition purposes. If no opposition is filed or if the opposition is unsuccessful, the patent is granted, which can take approximately 2-4 years from the filing date. For further query on China patent, please feel free to contact Tannet through visiting https://tannet-group.net/ or calling at 00852-27837818. (谢倩)