China Invention Patent
A Chinese unit or individual might file directly an application for invention, utility
model or design patent with SIPO in China, while a foreigner, foreign enterprise, or
other foreign organization without a regular residence or business site in China shall
entrust a legally established patent agency with the application and such matters.
In China, an invention patent application needs to undergo a two-step examination
process, the “formality examination” for examining the formality of the patent
application, and the “substantive examination” for examining the substance and
patentability thereof. If the patent application has satisfied all formality requirements,
the SIPO will publish the application within 18 full months from the filing date of the
application. The applicant shall file a request for substantive examination within 3
years from the filing date or else the application will be deemed to be withdrawn.
(Click here for flowchart for filing, examining, and granting of patent applications in China)
It will generally take about 3 to 5 years to obtain an invention patent in China.
The duration of protection of an invention patent is 20 years commencing from the
filing date, and the patentee shall pay annual fees commencing from the year when
the patent right is granted.
© Copyright 2014 Federation of Hong Kong Industries. All rights reserved. Part of above information is
abstracted from The State Intellectual Property Office of PRC.
China Utility Model Patent
In China, a utility model patent application needs to undergo merely the “formality
examination” or “preliminary examination” for examining the formality of the patent
application. The application will be granted if the application has satisfied all
formality requirements
It will generally take about 9 to 12 months to obtain a utility model patent in China.
The duration of protection of a utility model patent is 10 years commencing from the
filing date, and the patentee shall pay annual fees commencing from the year when
the patent right is granted.
© Copyright 2014 Federation of Hong Kong Industries. All rights reserved. Part of above information is
abstracted from The State Intellectual Property Office of PRC.
China Design
An application for protection of design can be filed directly in China by submitting a
proper Application Form containing Applicant’s name and address, as well as a set of
clear representations (drawings or photos) plus a brief description of the design and
other relevant documents.
More than one similar design of one and the same product, or more than one design of
products of the same kind that are sold or used in sets, can be included in one
application.
In China, a design patent application needs to undergo merely the “preliminary
examination” for examining the formality of the patent application. The application
will be granted if the application has satisfied all formality requirements
It will generally take about 9 to 12 months to obtain a design patent in China.
The duration of protection of a design patent is 10 years commencing from the filing
date, and the patentee shall pay annual fees commencing from the year when the
patent right is granted.
© Copyright 2014 Federation of Hong Kong Industries. All rights reserved. Part of above information is
abstracted from The State Intellectual Property Office of PRC.
Preparing and filing application
documents with SIPO
Paying application fee after
application is accepted by Patent
Administration Department of SIPO
documents with SIPO
Utility Model
Model
Passed examination
Passed examination
Filing request and paying fee for
substantive examination within 3
years from filing date documents
Undergoing substantive
examination
Fixing
defect(s)
Not fixed
Passed
Request not filed
Request filed
Not fixed
OA overcome
application
Fixed
Fixed
Granting
patent right
Rejecting
Utility Model
Model
Defect(s) found
Fixing
defect(s)
Invention
Defect(s) found
Undergoing preliminary
examination after application is
classified by PAD of SIPO
Utility Model / Design
Rejecting application as
deemed to be withdrawn
Defect(s) found and office action is issued
Filing response to overcome the
office action (OA) within time limit
Issuing patent certificate
Flow chart for filing, examining, and granting of patent applications in China
OA not overcome
Rejecting
application