1. Filing a Patent Application for Invention in China:
1)Order Letter, indicating the title of invention; the English name & address of the applicant/inventor (for the foreign client); the designated Chinese name & address (or entrust us to translate from English into Chinese) as well as the filing date & application number of the basic application (if the convention priority is claimed and the priority period of a patent application for invention is 12 months from the filing date of the basic application).
2)Specification (Description + Claim + Drawing + Abstract + Drawing of Abstract).
3)Power of Attorney executed by the applicant (notarization or legalization is not needed), may be late-submitted within 2 months from the Chinese filing date.
4)Priority Document, may be late-submitted within 3 months from the Chinese filing date (if the applicant of basic application indicated in the priority document is not identical with the one of Chinese application, a form of Assignment for basic application right executed by the former is needed).
2. Filing a Patent Application for Utility Model in China
Necessary documents are similar to the documents of patent for inventions as mentioned above.
* There is no substantive examination.
* The patent application for utility model must include the drawings.
3. Filing a Patent Application for Design in China
1)Order Letter, indicating the title of design; the English name & address of the applicant/designer (for the foreign client); the designated Chinese name & address (or entrust us to translate from English into Chinese) as well as the filing date & application number of the basic application (if the convention priority is claimed and the priority period of a patent application for design is 6 months from the filing date of the basic application).
2)Two sets of drawings (front, rear, top, bottom, left, right & 3-dimensional views). The size of drawings should be:
3cm×8cm＜size＜15cm×22cm
Besides the drawings, two sets of photos can also be accepted. If color is claimed to protect, two sets of color photos should be provided.
3)Power of Attorney executed by the applicant (notarization or legalization is not needed), may be late-submitted within 2 months from the Chinese filing date.
4)Priority Document, may be late-submitted within 3 months from the Chinese filing date (if the applicant of basic application indicated in the priority document is not identical with the one of Chinese application, a form of Assignment for basic application right executed by the former is needed).
4. PCT application in China (Entering into the National Phase):
1)Order Letter, indicating the title of invention; PCT patent application number & Int’l filing date; the English name & address of the applicant/inventor (for the foreign client) as well as the designated Chinese name & address (or entrust us to translate from English into Chinese); the filing date & application number of the basic application (if the convention priority is claimed).
2)Power of Attorney executed by the applicant (notarization or legalization is not needed), may be late-submitted within 2 months from the Chinese entering date.
3)Int’l Publication Text of PCT Patent Application, including the published Abstract; Description; Drawing & Claim. If the PCT patent application has not been published yet, the applicant should provide the copy of the original Int’l application specification.
4)Int’l Search Report (Form PCT/ISA/210)
Int’l Preliminary Examination Report (Form PCT/IPEA/409), the Annexes (if any) i.e. the amended sheets of the application documents under the Article 34 of PCT should also be provided together with the Text.
Note: The applicant of PCT application should transact the procedure for making the PCT application to enter the national phase proceeding in China within 30 months from the first priority date or the Int’l filing date (if no convention priority is claimed). If the said 30 months is overdue, it is possible to enter the Chinese national phase within 2 months from the expiration date by paying the additional grace fee.
5. The substantive examination must be required within three (3) years from the first (priority) filing date. This term is not extendible.
6. The total of past years annual application maintenance fees for applications of patent for invention shall be paid together with patent certificate fees after the grant of patent. No grant, no maintenance fees. However, patent Annuities shall be paid every year after the grant of patent. |
