CHINA Law and Practice Contributed by: Chuanhong Long, Huiqing Wang, Yingying Shen and Fan Li, CCPIT Patent and Trademark Law Office
CCPIT Patent and Trademark Law Office 10/F, Ocean Plaza 158 Fuxingmennei Street Beijing 100031 China
Tel: +86 10 66412345 Fax: +86 10 66415678
Email: mail@ccpit-patent.com.cn Web: www.ccpit-patent.com.cn
1. Patents 1.1 Legal Framework and Patentable Subject Matter Legal Framework Patent protection in China is governed by the Patent Law of China, together with its Implementing Regu- lations, and the Guidelines for Patent Examination issued by the China National Intellectual Property Administration (CNIPA). Patentable Subject Matter Invention creations that meet the statutory require- ments of novelty, inventiveness, and practical appli- cability are patentable. Patentable subject matter includes new technical solutions for products, pro- cesses, or improvements thereof. Exclusions Certain subject matters are expressly excluded from patentability. These include scientific discoveries, rules and methods of mental activities, methods for diagnosis or treatment of diseases, animal or plant varieties, and substances obtained by means of nuclear transformation. Software, business methods and AI-related inventions are eligible for patent protection in China if they meet certain requirements. Utility Model China also provides utility model protection for techni- cal solutions relating to the shape and structure of a
product. A utility model patent has a shorter protec- tion term and less stringent requirements for inventive step than an invention patent. 1.2 Patent Granting Procedure Responsible Authority The CNIPA is the sole authority for examining and • Invention Application: The application is subject to preliminary examination after filing, and the application is published after 18 months from the filing date/priority date. The request for substantive examination needs to be filed within three years from the filing date/priority date. Following sub- stantive examination, the CNIPA will issue either a grant notification or a rejection decision. Generally, the estimated time from filing to grant is two to three years. • Utility Model Applications: The application is subject to preliminary examination after filing, dur- ing which the novelty and inventive step may be examined. If no reasons for rejection are found, the CNIPA will issue a grant notification. Generally, the estimated time from filing to grant is 6-12 months. Costs and Representation Official fees include filing fees, examination fees, and annual fees once the patent is granted. For foreign applicants without a habitual residence or business office in China, it is mandatory to appoint a licensed granting patents in China. Procedure and Timelines
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