Requirements and Procedures of Patent Application

1. Term of Protection

- Patent for invention - 20 Years

- Patent for utility models - 10 Years

- Patent for design - 10 Years

2. Application Documents

- Patent request, applicant’s name, nationality and address, inventor’s name, nationality and address, title of the invention, seal of the applicant or the patent agency entrusted by the inventor;

- Description, claims, abstract and drawings (if available);

- The priority country, application date and application number (if priority is required);

- If the application for patent is submitted under PCT (Patent Cooperation Treaty), the following information and documents are required:

a) Text of the international publication, including the front page, description,

claims, drawings and abstract thereof;

b) Amended text and the relevant statements

3. Summary of Preliminary Examination and Substantial Examination as to Substance

After receiving an application of patent for invention, State Intellectual Property Office of PRC shall conduct preliminary examination and substantial examination as to substance.

Only the patent for invention is subject to examination as to substance, which includes the examination of novelty, inventiveness and practical applicability. State Intellectual Property Office of PRC will start the examination as to substance on the condition that the applicant has submitted a written requirement and paid the fees within 3 years commencing from the date of application; the application shall be deemed to have been withdrawn if the applicant fails to meet the time limit for requesting examination as to substance.

Where it is found after preliminary examination that there is no cause for rejection of the application for a patent for utility model or design, the patent for utility models and design shall be granted.