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China Invention Patent Application Service

Updated:2018-1-16 17:18:09    Source:www.tannet-group.comViews:51

China invention patent application is filed under the Patent Law of P. R. China. An invention patent is the grant of a property right to the applicant, issued by the State Intellectual Property of P. R. China (SIPO) . The term of an invention patent is 20 years from the date on which the application for the patent was filed in China subject to the payment of annuity fees. Chinese granted patents are effective only within mainland China (NOT effective in Hong Kong, Macau or Taiwan).

Differences among invention patent, utility model patent and design patent
In China, there are three types of patent: invention patent, utility model patent and design patent. While the former two, invention patent and utility model patent, protect technical solution, the last one, design patent protects the ornamental design of a product. For invention patent, the term of protection is 20 years and it protects both product and process with higher level of inventiveness. For utility model, the terms is 10 years and it only protects product with structure  but not process. In another word, utility model patent does not protect liquid , gaseous (chemical gas) or substances product and process.

Conditions for granting invention patent
a. Novelty
Novelty means that the invention or utility model concerned is not prior art; no patent application is filed by any unit or individual for any identical invention or utility model with the SIPO before the date of application for patent right, and no identical invention or utility model is recorded in the patent application documents or the patent documentations which are published or announced after the date of application.

b. Inventiveness
Inventiveness means that, compared with the prior art, the invention possesses prominent substantive features and indicates remarkable advancements, and the utility model possesses substantive features and indicates advancements.

c. Usefulness
Usefulness means that the said invention or utility model can be used for production or be utilized, and may produce positive results.

Filing an invention patent
An application for an invention patent is made to the State Intellectual Property Office (SIPO) and includes:
(1) A petition;
(2) A description;
(3) A claims;
(4) An abstract:
(5) Drawings (when necessary);
(6) A Power of Attorney (when necessary);

Note: all application documents must be in the Simplified Chinese language (Traditional Chinese not accepted).

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If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to 2355725093@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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