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Filing A Patent for Invention in PRC
1. Documents and Information Needed:
a) Specification (description + claims + abstract + drawings).
b) Instruction letter, indicating the title of invention, applicant's
name and address, inventor's name and address, the priority date and
initial filing number and the country where the initial application
was filed (if the priority is claimed). In case of a Japanese applicant,
both Japanese and Chinese characters should be given for the names
and address, and so does Korean applicant; Both English and Chinese
are needed for the applicants located in Hong Kong, Macao, Taiwan,
and some Asian Countries where Chinese is also used.
c) A duly executed Power of Attorney, which can be submitted within
two months from the Chinese filing date.
d) A duly executed assignment, if the applicant as indicated in the
certified priority document is not the same as the one who files in
mainland China. If the said assignment form is a copy one, it should
be notarized.
Both certified priority document and the assignment for applying right
(if necessary) can be late submitted within three months from the
Chinese filing date.
2. If one-year priority period is over, the application can still
be filed as new application without claiming the conventional priority
right, provided the application first filed in another country is
not yet laid open.
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Filing A Patent For Utility Model in PRC
1. Documents and Information Needed:
a) Specification (description + claims + abstract + drawings).
b) Instruction letter, indicating the title of invention, applicant's
name and address, inventor's name and address, the priority date and
initial filing number and the country where the initial application
was filed (if the priority is claimed). In case of a Japanese applicant,
both Japanese and Chinese characters should be given for the names
and address, and so does Korean applicant; Both English and Chinese
are needed for the applicants located in Hong Kong, Macao, Taiwan,
and some Asian Countries where Chinese is also used.
c) A duly executed Power of Attorney, which can be submitted within
two months from the Chinese filing date.
d) A duly executed assignment, if the applicant as indicated in the
certified priority document is not the same as the one who files in
mainland China. If the said assignment form is a copy one, it should
be notarized.
Both certified priority document and the assignment for applying right
(if necessary) can be late submitted within three months from the
Chinese filing date.
2. If one-year priority period is over, the application can still
be filed as new application without claiming the conventional priority
right, provided the application first filed in another country is
not yet laid open.
3. For a utility model application, method can not be claimed. And
it must include drawings, whereas a patent for invention can include
no drawings.
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Filing A Patent for Industrial Design in PRC
1. Documents and Information Needed:
a) The same as the above in the requirement for filing a patent for
invention.
b) At least two sets of drawings or photos (Front, rear, top, bottom,
right and left views ) plus a perspective view, if necessary, are
required. Size of the drawings should be 15 X 22 > size > 3
X 8 cm. Instead of drawings, photo can be provided. Additionally four
sets of black and white photos should be provided if no color is be
protected. Three sets of color photos and three sets of black and
white photos should be provided if color is to be protected. 3 R photos
will just do so .
Please note that when photos are taken, the article must be placed
on a background of ONE COLOUR. There must be no other article in the
background except the one whose design is to be protected. Drawings
or photos must all contain ORTHOGONAL VIEWS!
c) A duly executed Power of Attorney which can be late submitted within
two months from the actual Chinese filing date.
d) If a priority is claimed (the priority period for an industrial
design application is only six months at all), the initial filing
number and date and the country where it was filed should be provided.
If a certified priority document can not be provided at the same time,
it can be late submitted within three months form the actual Chinese
filing date. Please note that if the applicant as indicated in the
priority document is not the same as the one who files in mainland
China, an assignment should be provided. If the said assignment is
a copy one, it should be notarized.
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Filing A PCT Application Entering the Chinese
National Phase
1. Documents and Information Needed:
Documents requested under the Chapter I of PCT
a) PCT Request along with the original specification or the published
PCT application;
b) Copy of International Search Report;
c) Amended claims according to the Article 19 of PCT ( if any );
d) Power of Attorney executed by the applicant.
2. Documents requested under the Chapter II of PCT
a) Besides the documents listed above, copy of the International
Preliminary Examination Report;
b) Amendment to the specification according to the Article 34 of
the PCT ( if any)
c) Copy of Form PCT/IB/332;
Please note that any amendment to the specification should be provided
if the applicant wants to amend the specification according to the
Articles 28 & 41 of the PCT while the Chinese national phase
is entered.
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