China Patent Applications

Chinese Patent and Patent Application Introduction

In China, a Chinese patent application must be filed with the Chinese Patent Office, and is usually published within 18 months from the filing date in the Patent Gazette.  An invention patent application is subject to substantive review upon the request of the applicant within three years from the filing date of the application.  If the applicant fails to request substantive review within the designated period without justifiable reasons, the invention patent application shall be deemed to have been withdrawn by the applicant.  There is no substantive review for utility model and design patents.

Types of Patents

In China, industrial property rights include three types of patents:

• Invention Patent – novel apparatus or method of achieving a useful task that is not obvious in view of the current art;
• Utility Model Patent – creations or improvements relating to the form, construction, or fitting of an object (in general, the technical requirements are not as high as for an invention patent); and
• Design Patent – original designs relating to the shape, pattern, color or a combination thereof of an object.

Terms of Patents

The term of a patent commences from the date of publication in the Patent Gazette.  The ending date of the term varies depending on the type of patent, and ends upon the following date:

• Invention Patent – 20 years from the filing date;
• Utility Model Patent – 10 years from the filing date; and
• Design Patent – 10 years from the filing date.