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How are Chinese patents divided into several types?
Chinese patents are divided into invention patents, utility model patents and design patents.
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How about the duration of patent protection in China?
The duration of patent right for inventions is twenty years, the duration of patent right for utility models and patent right for designs is ten years, counted from the date of filing, but basing on the rules of 39 and 40 of the Patent Law, the patent right for invention, utility model and design shall come into effect as of the date of the announcement. Therefore, the above-mentioned duration is just a calculating formula, but not exactly same as the years mentioned above.
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Is China a member of the pct?
Yes, China joined in 2009.
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What kinds of qualities are needed for registration of a patent?
The three main qualities of a claimed invention are as follows: Novelty (N), Involving an inventive step (IS) Capability of Industrial Application (IA).
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What kinds of foreigners can apply for patent rights in China?
Those foreign people who have fixed residences or business sites, or foreign enterprises or organizations located in China, enjoy same the privilege of Chinese people in the respect of patent right protection, i.e. they have the rights either to apply for patents as same as Chinese people do, or to enjoy protection from the Chinese Patent Law. Any foreigner, foreign enterprise or other foreign organization having no fixed residence or business site in China files an application for a patent in China, the application shall be treated under this Patent Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are member countries, or on the basis of the principle of reciprocity.
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When shall a applicant request the priority right and how to request?
The article 30 of the Patent Law of PRC regulates that any applicant who claims the right of priority shall make a written declaration when the application is filed, and submit, within three months, a copy of the patent application document which is first filed; if the applicant fails to make the written declaration or to meet the time limit for submitting a copy of the patent application document, the claim to the right of priority shall be deemed not to have been made.
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Why is it necessary to obtain a patent?
Patents provide recognition for individuals for their invention and furthermore, they encourage innovation which is a vital element for the quality of human life
