Patent Registration

Are you looking for Patent Registration in Asia? Lawyers in the AsiaBridge Law network can arrange patent registrations in most parts of Asia. But as the number of patents in China make up the majority of the patent registration work orchestrated by AsiaBridge Law, here is an overview of the process in China.

Patent Registration

 

Types of Patents

China admits three patent classifications:

  1. Design Patent
  2. Utility model
  3. Invention Patent

Design patents protect new designs of any shapes, patterns or colors (or combination of all three) creating an aesthetic feeling, fit for industrial application. A successful design patent also provides ten years of protection.

Utility model patents protect ideas providing technical solutions relating to the shape or structure (or combination of both) for practical use. A successful utility patent filing provides ten years of protection.

Invention patents protect technical solutions relating to products, processes or improvements. The application process requires a thorough disclosure of the benefits and technical solutions offered by the product or process. A successful invention patent filing grants protection for twenty years.

Important note on deadlines:  Please note that you have a 12 month window to apply for your patent in China if you have already submitted a patent in another country.  The “clock starts ticking” from the date of the overseas patent was applied (rather than granted).

Procedure

Foreign clients, especially those from the U.S. and Europe, are often unfamiliar with the initial steps of patent registration in China. This is because, unlike many Western countries, China does not maintain an easy-to-use online patent database. In the U.S., a prospective client can conduct significant amounts of research before ever stepping foot in an IP attorney’s office. In China, the process of reviewing the government database for an existing patent is more expensive than actually applying for the patent.

  1. Service agreement in place with AsiaBridge Law
  2. Formal review and planning
  3. Organize the technical translations and prepare all documents
  4. Submit documents to relevant bureaus. Having received the files, the authorities will either accept the application for review or ask for clarifications.
  5. Follow the application and update the client as the application moves through various bureaus

After formal review, National Patent Bureau will issue a “Registration Certificate” to applications that comply with registration conditions. Upon issuance of certificate, it will be publicly announced that the patent has been officially registered. At this point the IP is protected at a national level, valid throughout all provinces.

Documents Required


Design Patent Registration

Personal information and documents:

  1. The title of the design;
  2. Name and address of applicant;
  3. Name(s) and address(es) of the inventor(s), as well as the nationality of the first inventor;
  4. Power of Attorney (template provided by AsiaBridge Law);
  5. Certified priority document. The certified priority document may be filed in three months from the application date.

Technical details:

  1. Name of the product incorporating the design;
  2. Use of the product incorporating the design;
  3. Design essentials (for example: product’s shape, pattern, or the combination thereof, or the combination of its color, shape, and/or the pattern, or the portion that knows from the prior designs);
  4. Representative drawing, which one can best characterize the design essentials and will be used for the announcement after granting;
  5. Six-view pictures, drawings or photographs, namely front view, rear view, top view, bottom view, left view and right view, as well as perspective view (if available). The size of drawings or photographs should be no smaller than 3cm×8cm, no larger than 15cm×22cm;

Remarks: Regarding photographs, the photographs shall be taken with focus exactly on the central part of the product. The background shall be plain and the product and background in sharp contrast, without strong light, blinking, shadow, reflection, and foil. The photographs shall clearly show the design.

The total procedure duration depends on the project’s scope and on national holidays. Based upon previous experience, average patent registration projects typically span around eight months from application to registry and protection.


Utility Model Patent Registration

Personal information and documents:

  1. Name and address of applicant;
  2. Name(s) and address(es) of the inventor(s), as well as the nationality of the first inventor;
  3. Power of Attorney;
  4. Certified priority document. The certified priority document may be filed in three months from the application date.

Technical Details:

  1. Background Art
  2. “Technical Problem” shown in the background art
  3. Detailed description of the present case, i.e., by what technical means or methods do you solve the above mentioned technical problems
  4. Any alternatives of the technical solution in Item 3
  5. Technical effects produced by the technical means in Item 3
  6. Key points required to be protected by the present case (pointing out the technical key points of the present case)
  7. Requirements of the drawings:
    1. Product inventions or utility models shall be accompanied by drawings which shall only be presented in A4-sized paper.
    2. The drawings for applications of mechanical products shall to be three-dimensional profile diagrams in AUTOCAD format, and the features of the invention shall be shown in combination with cross-sectional views, exploded views and the like. The major components in the drawings should be denoted by sequence numbers, and corresponding titles should be indicated for those sequence numbers.
    3. For applications of electronic products or electro mechanical products, major circuit diagrams shall be provided. If it is difficult to present in A4-sized paper, it can be presented in sections, or a functional block diagram of a circuit is shown first, and then detailed circuit diagrams are presented respectively.
    4. For applications of mechanical products, the drawings shall be three-dimensional profile diagrams in AUTOCAD format, and the features of the invention shall be shown in combination with cross-sectional views, exploded views and the like. The major components in the diagrams should be denoted by sequence numbers, and corresponding titles should be indicated for those sequence numbers.

The total procedure duration depends on the project scope and national holidays. Based upon previous experience, average patent registration projects typically span around eight months from application to registry and protection.


Invention Patent Registration

Personal information and documents:

  1. Name and address of applicant;
  2. Name(s) and address(es) of the inventor(s), as well as the nationality of the first inventor;
  3. Power of Attorney;
  4. Certified priority document. The certified priority document may be filed in three months from the application date.

Technical Details:

  1. Background Art
  2. “Technical problems” shown in the background art
  3. Detailed description of the present case, i.e., by what technical means or methods do you solve the above mentioned technical problems
  4. Any alternatives of the technical solution in Item 3
  5. Technical effects produced by the technical means in Item 3
  6. Key points required to be protected by the present case (pointing out the technical key points of the present case)
  7. Requirements of the drawings:
    1. Product inventions or utility models shall be accompanied by drawings which shall only be presented in A4-sized paper.
    2. The drawings for applications of mechanical products shall to be three-dimensional profile diagrams in AUTOCAD format, and the features of the invention shall be shown in combination with cross-sectional views, exploded views and the like. The major components in the drawings should be denoted by sequence numbers, and corresponding titles should be indicated for those sequence numbers.
    3. For applications of electronic products or electro mechanical products, major circuit diagrams shall be provided. If it is difficult to present in A4-sized paper, it can be presented in sections, or a functional block diagram of a circuit is shown first, and then detailed circuit diagrams are presented respectively.
    4. For applications of mechanical products, the drawings shall be three-dimensional profile diagrams in AUTOCAD format, and the features of the invention shall be shown in combination with cross-sectional views, exploded views and the like. The major components in the diagrams should be denoted by sequence numbers, and corresponding titles should be indicated for those sequence numbers.

The total procedure duration depends on the project scope and national holidays. Based upon previous experience, average patent registration projects typically span around thirty-two months from application to registry and protection.

Patent Registration with AsiaBridge Law

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