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Not only a domestic developer, but also a foreign individual or enterprise can obtain a patent in the PRC. Moreover, registration of a patent in China is allowed under the rules of international conventions and treaties, which greatly simplifies the procedure of securing rights. If you need to get a patent or trademark certificate in China, you should use our services. We will represent your interests at all stages of registration - from registration of the application to settlement of disputes and objections.
Like other countries, China has its own patent office. The consolidation of industrial and commercial property rights passes through the Intellectual Property Office of the State Council of the People's Republic of China. Applying for a national application will only allow legal protection within the country's borders, and the list of requirements for registration includes:
China is a party to all international conventions and agreements in the field of copyright and patent law. Moreover, China is a member of the WTO (World Trade Organization), which imposes special requirements for the content of national legislation.
Participation of the country in international conventions and treaties gives an opportunity to patent the development in China under the PCT (Patent Cooperation Treaty) system. Let's highlight the key advantages of this method of patenting:
With this patenting option, the developer will be automatically granted legal protection not only in the PRC, but also in other states of his choice. In this case, the translation of the PCT application into national languages will be required only at the examination and patent granting stage.
The rules for applying for a patent in China are in accordance with generally accepted norms. The developer or his representative must submit:
It should be taken into account that after filing the application, it will be impossible to make corrections to the claims or individual claims. Therefore, even before filing an application with the patent offices, it is necessary to make sure that registration of the technology will not entail rights of other persons and that information on a similar development is not already contained in the registry. For this purpose, you may order and carry out a preliminary information search at the patent office. When you apply to our company, a preliminary search will be carried out with the use of international classifiers of inventions and other objects, which guarantees maximum reliability of the obtained data.
As a general rule, an application may be filed in writing or electronically. If the documents are sent through the website of the Intellectual Property Office of the PRC, they should be duplicated in writing before the examination stage.
Once an application is submitted to the patent office, the developer will receive national or conventional priority. This means that the earlier application will prevail in the examination of similar applications. The resolution of disputes arising on the legitimacy of granting priority is carried out administratively, and in case of a negative decision - through the court.
As in other legal systems, patenting procedure includes a number of compulsory examinations and activities:
Verification of patentability criteria follows standard rules. For inventions, applicability in industrial production, novelty and inventive step must be confirmed. For a utility model, the inventive step need not be confirmed, and for industrial designs, such criteria will be the novelty and originality of essential features.
If all the examinations are positive, the decision on registration of rights to the technology or other object of industrial property will be made. Information about the right holder will be placed in registers, as well as published in the Bulletin of the Patent Office. From the moment a patent is issued, the developer acquires full legal protection for his technology in the territory of the PRC, and can dispose of the rights through transactions.
Special rules for patenting are provided for special administrative-territorial units - Hong Kong and Macao. For these territories, the patent is issued under a separate application, although the procedure for its consideration is characterized by a simplified regime.
Patenting is a paid service, as at each stage of registration you have to pay mandatory fees. The amount of fees will depend on the following conditions:
Mandatory fees will also have to be paid to maintain the patent in force. This should be done from the 3rd year after registration, and untimely maintenance will lead to revocation of the patent.
The period of protection will be 20 years (for inventions), 10 years (for a utility model) and 5 years (for a design). The said regime can be extended only for industrial designs until the maximum possible period of protection expires.
Having passed the patenting procedure, and having secured the rights to the object of industrial property, the developer can not only use the technology for their own purposes. In the territory of the People's Republic of China, the general rules on the disposal of exclusive rights apply:
The patent regime allows any means of protection against infringement related to the illegal use of other people's technology. For this purpose, written demands may be sent to infringers prohibiting the unlawful use of the patented subject matter, for damages or remuneration.
If a written demand does not lead to a positive result, you can use the judicial option:
In case of significant violations, perpetrators will be held criminally or administratively liable.
Due to the significant complexity of patenting in foreign countries, it is practically impossible to obtain a patent in the NRC without the help of professional specialists. Our company offers a full range of services for registration of rights to any objects of industrial property:
We will ensure fast and proper preparation of all necessary documents, protection of your interests during the process of patenting in the PRC. To clarify the terms of cooperation and use the services of our specialists, please call on the phone numbers listed on the website, or leave your questions in the feedback form.
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