Patent

China

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
"Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability. Novelty means that, the invention or utility model does not form part of the prior art; nor has any entity or individual
Inventions not Patentable
15d6f9ec3507171567596227@_Worksheet_in_China_Patent.xlsx
Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
No
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-convention Application
Time Period
30 Months
Extended Deadline
2 Months
Patent of Invention
20 Years
Utility Model Patent
10 Years
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
30 Pages
Basic Number of Claims
10 Claims
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Omnibus
Invention Specification
N/A
Language of Specification
Chinese
Translation required
Yes
Due date to file the translation
On Filing Date
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Signed
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
No
Home / Foreign Registration Certificate, with required translation
No
International Search Report (ISR), in case of PCT
No
International Preliminary Examination Report (IPEA), in case of PCT
No
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
1-3 Months
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
1 Months
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
36-48 Months from Priority Date
Deadline to File the Reply
2-4 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
12-24 Months
Applicability of Examination
Yes
Time of Examination
Post-Publication
Time Frame from the Date of Application
24-36 Months from Priority Date
Deadline to File the Reply
2-4 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
6-18 Months
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
18 Months from Priority Date
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
2 Months after Grant

OPPOSITION

Applicability of Opposition
Yes