Legal basic
- National laws
- International Treaties：
Governing Authority
For detailed guidance on intellectual property matters, explore at:CNIPA’s intellectual property guideline
Patent Enforcement in China
Enforcing patent rights in China involves administrative and judicial routes:
- Administrative Enforcement: CNIPA and local IP offices handle patent infringement disputes, offering swift and cost-effective resolutions.
- Judicial Enforcement: Specialized IP courts across China hear complex cases, with remedies including injunctions, damages, and destruction of infringing products.
For enforcement trends, please read at: WIPO Report About Patent Case Management in China.
Types of Patents
There are 3 types of patents in China: invention, utility model and design. The following are their definitions:
"Invention" means any new technical solution proposed for a product, a process or the improvement thereof.
"Utility model" (also known as “minor inventions”) means any new technical solution proposed for the shape, structure, or their combination, of a product, which is fit for practical use.
"Design" means, with respect to an overall or partial product, any new design of the shape, the pattern, or their combination, or the combination of the colour with shape or pattern, which is rich in aesthetic appeal and is capable of industrial application. (click here to know more about the lastest guildline of design application in China)
What are the main differences among invention, utility models and designs?
| Differences | Inventions | Utility models | Designs |
| Term of protection （from a filing date, regardless of a priority date） | 20 years and maintenance fees (annual fees) are the most expensive. | 10 years. | 15 years. |
| Application process | Substantive examination is required; Patentability requirement is the most stringent (such as higher level “inventive step” or “non-obviousness” ); application duration is longer. | Substantive examination is NOT required; application duration is simpler and faster; but a patent evaluation report might be required when enforcement. | Substantive examination is NOT required; application duration is simpler and faster; but a patent evaluation report might be required when enforcement. |
| Subject matters | A technological solution (product, method), including processes, chemical compounds, pharmaceuticals or software. | A technological solution (shape, structure of product), | Appearance of product (shape, pattern, colour of product). |
Summary:
Invention patents protect technical innovations with higher requirements and longer patent term.
Utility model patents protect smaller innovations with simpler and faster application process.
Design patents focus on the unique appearance of products with the simplest process.
What can be granted a patent in China?
In addition to novelty, inventive step and practicality, the subject matter of the patent application shall NOT belong to one of the following:
- Scientific discovery;
- Rules and methods of intellectual activities;
- Diagnosis and treatment methods of illnesses;
- animal and plant varieties; (patents can be granted for manufacturing methods of their products.)
- Methods of nuclear transformation and substances obtained through the methods of nuclear transformation;
- A design which has major marking effect on the patterns or colors of graphic print products or a combination of both patterns and colors
Routes of patent applications
- Direct filing route: file the first application in China directly.
- Convention route: file a subsequent national application in China within 12 months for inventions/ utility models or 6 months for designs from the 1st filing date in another contracting state of the Paris Convention.
- PCT route: enter a national phase in China by PCT application.
Required documents for filing
When applying for a patent, the following docs should be submitted, including but not limited to:
- Claim, description and drawings for inventions.
- Claim, description and drawings for utility models.
- Drawings, description.
Document template download at:https://www.cnipa.gov.cn/col/col192/index.html
Application steps
According to Patent Law, the application for invention includes five steps: filing, preliminary examination, publication (generally, after 18 months), substantive examination (within 3 years), and grant.
Utility model/ design applications do NOT require publication and substantive examination, so there are only three steps: filing, preliminary examination, and grant.
Duration of application
For invention, due to the substantive examination (generally, 1-2 OAs), the entire application process will take 2-4 years.
For utility model/ design, since there is no substantive examination, the process just takes 0.5 year.
How to seek a patent agency in China?
Foreigners or foreign companies (including Hong Kong, Macao and Taiwan) who do not have a habitual domicile or business office in China mainland, must appoint a qualified Chinese patent agency to act on its behalf.(click here to check registered patent agents in China).
Patent maintenance after grant
After the patent is granted, the patentee shall pay the annual fee for the next year before the expiration of the previous year. If the annual fee is not paid in time, the patentee shall pay the annuity fee and late payment fee within 6 months from the expiration date. Otherwise, the patent will be terminated.
See more about renewal fees at:Patent Fees Schedule in China 2024
Reexamination for Rejection
Invalidation declaration for patents
Are you preparing to protect your innovation in China?
If you want to file a patent via PCT route or Convention route in China, please provide us with your PCT application number or priority information and get a free quote.
Our team has successfully handled many patent cases in China for clients from the US, Canada, Russia, etc. Please contact us for your cases at contact@gbaiplawyer.com.
