Patent
1.
First-to-file Rule
2. Protection Term: 20 years from the filing date
3. Substantial Examination has to be requested within three years
from filing
date
Utility Model
1.
First-to-file Rule
2. Protection Term: 10 years from the filing date
3. Formality Examination only
Design
1.
First-to-file Rule
2. Protection Term: 10 years from the filing date
3. Substantial Examination after Formality Examination
Requirements for Filing an Application
1. Power of Attorney,
signed by the applicant (s) or the representative (s) of
a company;
2.
Assignment, signed by the inventor(s), if the application
right is assigned
to a company or a legal entity or another person (s);
3. Specification, Drawings and Claims in
Chinese language;
English version is acceptable to obtain an earlier filing
date, but a
Translation to Chinese must be supplemented within four
months from the
filing date;
4. Information of the Name, Address, and
Nationality of the inventor(s),
applicant(s), and the representative of a company or
legal entity (if any),
and Chinese characters corresponding to the name and/or
address if
applicable;
5. The Filing Date, Filing Number, and Country
of the corresponding
foreign invention patent/utility model/design
applications, which have to be
lodged at filing if priority is claimed; and
6. Certified Priority Document (if priority is claimed)
Remark:
To get an earliest
filing date, facsimile copies of items 3, 4 and 5 above are
acceptable for provisional filing, but original and appropriate
documents of items 1, 2 and 6 must be supplemented within four
months from the filing date.
Payment of Annuity
The annual fee for an invention
patent shall be payable commencing from
the publication date. The date the patent application was
published shall
serve as the due date for annuity payments in the subsequent
years.
In case the annual fee due is not
paid within the regulatory period for
payment of patent annuity, it may be paid later within six
(6) months after
expiry of the said regulatory period provided that the amount
of late
payment shall be twice as much as the regular amount of
annual fee. |