How To Register for Patent License In China

How To Register for Patent License In China

  • If a person plans to file a claim for an patent for inventions or models of utility they must submit relevant documents, like an written request along with a written description of the invention and the abstract of the invention, as well as the written claims. In the written request , there must be ascribed details about the nature of the invention as well as its name, the designer or inventor as well as the name or title and address of the applicant , and other pertinent information. The description must include an extensive and clear description of the utility model or invention to enable a technician working in the field of relevant technology is able to execute it. If needed, photos should be included. The abstract must include an overview of the key technical aspects in the design or the model. The claim in writing must take into account the description written in the document, provide an exact and concise description of the intended scope of patent protection. In the case of inventions that is based on natural resources patent applicant must, in the application for patent documents include the primary and sole origin of genetic resources. If the applicant is not able to indicate the source of the invention and the source, he must give the reason.
  • If someone plans to apply for a patent, they must send a written request with drawings or photos of the concept, along with a brief explanation of the concept and any other pertinent documents. In the images or drawings that are submitted by an applicant, there must clearly show the style of the item that patent protection is sought.
  • The date on which the patent administration department within the State Council receives the patent documents for application is the date the application was filed. If the documents for application are sent by mail then the date on the postmark is the date of application.
  • If it is filed within twelve months of the date when the applicant’s first filing with the government for an invention or patent in a foreign country and within six months of the day the applicant’s first file an application for the design patent in a different country and is able to file an application for patents in China in the same subject and enjoys the right of prioritization according to the agreements reached between the other country as well as China or as per the international treaties that both countries have acceded or in accordance with the principle of reciprocal acknowledgment of the rights of prioritization.
  • If, within 12 months from when the applicant’s first request for an application to patent an invention, utility model or other in China or elsewhere, he submits an application for patent to the department of patent administration within the State Council for the same topic and the applicant will be granted the right of prioritization.
  • A person who seeks priority rights must make a formal declaration when submitting the submitting the application and then submit, within three months, copies of the patent application documents submitted at the beginning. If no written declaration is filed or no duplicates of the documents filed with the patent application are received by the end of the deadline and the applicant is considered to have waived the right to priority.
  • A request to obtain an invention patent, or a utility model patent should be restricted to a single design or model. More than two creations, or utilitarian models contained in a common invention idea can be dealt with by one application. The application for a design patent must be restricted to a single design. Two or more designs of the same item or different designs from items similar to the ones that are offered for sale or use in sets can be dealt with in one application.
  • The applicant is able to cancel his patent application at any time prior to being granted the right to patent.
  • The applicant is able to amend the documents he submitted for patents subject to the condition that the change to the utility model or invention patent application documents do not go beyond the limits of the original descriptions in writing and claims, or the change to the application for a design patent does not go beyond the boundaries that was originally drawn by the initial drawings or images.

Documents Required Register for Patent License

  • In order to apply for patents of invention, or utility model, an application should be filed in the first instance, followed by a request with a description, abstract and the claim must be filed.
  • In order to apply to patent a the design of a product, an application should be filed in the first instance. Then, a request, drawing or photograph of the design should be filed, and the product that incorporates the design as well as the class to which the product is a part of must be identified.

Office Locations and Contacts

State Intellectual Property Office of the Peoples Republic of China SIPO contacts

What Are All The Eligibility

Any idea or utility model which patent rights can be granted must have novelty as well as inventiveness and practicality and the design to which patent rights is granted cannot be identical or similar to any other design that prior to the date of filing, was widely published in publications within the country or elsewhere or was used in public in the country. It is not in conflict with any prior rights of another person.

Fees

The annual fee for the year that the patent rights are granted must be paid upon registration. The following annual fees must be paid out in full in the month preceding the expiration date of the preceding year.

Validity

The term of China Patent for invention is 20 years. The time span of the patents for utility models as well as design lasts ten years. It is calculated from the date of application in China.

Instructions

  • In accordance with Article 19 of the Chinese Patent Law Any foreigner, foreign business or other foreign company with no permanent residence or business office in China is eligible for patents or has any other patent-related issues to address in China the applicant must appoint a patent office appointed to be appointed by the Patent Administration Department Under the State Council to act as the agent of his or her company.
  • The documents submitted in accordance with the Chinese Patent Law and its Implementing Regulations must be Chinese. For PCT applications, the application may be submitted in Chinese and English. However the Chinese translator of the PCT application needs to be submitted within 20 calendar months from the date of priority.

The Information You Need

  • To apply for patents of invention, (or utility model), an application should be submitted first, along with an application, a description, its abstract as well as the claim.
  • In order to apply to patent a design, a written request and drawings or photographs of the design should be submitted along with the product that incorporates the design as well as the class to which the product is a part of must be identified.

Documentation is needed

There are three types of industrial rights to property in China which include trademark, patent and copyright. Patents consist comprising “patents of invention”, “patents for utility model” and “patents for design”.

Information that could be helpful

China Patent will not grant patents to the following categories In accordance with Article 5 of the China Patent Law, and Article 25 in the China Patent Law the following are patent-infringing in China:

  • any invention that is not in accordance any state law or morality of society or is harmful to public interests.
  • new discoveries in science;
  • guidelines and techniques to conduct mental activities;
  • methods to diagnose or treatment of illnesses;
  • Plant and animal varieties;
  • substances that result from nuclear transformation.

In the case of processes that are used to create the products described in points (4) in the previous paragraph, patent rights can be granted according to the requirements in this Law.

Other uses for the document/certificate

  • If your invention is of Chinese markets potential or you think another business could profit through your invention, you must be protected with patent.
  • Patents give an owner the ability to prevent other companies from producing your product.
  • Since a patent grants exclusivity which means that the patent holder has time to promote the invention with no competition, which makes the patent holder able to charge more costs.
  • It also gives the legal right to take actions against anyone who is selling or making, without the permission of the patent holder’s invention.
  • You can earn money through licensing your invention or selling it to another person.
  • It grants you priority over other parties that want to apply for patent registration in countries that do not need registration.

External Links

How to Apply for a Chinese Patent

State Intellectual Property Office of the Peoples Republic of China SIPO

Ministry of Commerce People’s Republic of China

How To Register for Patent License In China
How To Register for Patent License In China

General Administration of Customs Administration P.R.C

Trademark Office under the State Administration for Industry and Commerce of the P.R.C

Other

Computer programs can not be patentable, but can be protected by the “Regulations on Computer Software Protection” that were drafted in line of the Copyright Law. A new invention

Source

Link

LEAVE A REPLY

Please enter your comment!
Please enter your name here