1.How many types of industrial property rights exist in China?

There are three kinds of industrial property rights in China, including patent, trademark and copyright. Patent is composed of "patents for invention", "patents for utility model" and "patents for design".

2.What types of patent can be provided under the current Chinese Patent Law?

There are three types of patent under the current Chinese Patent Law:

Patent for Invention: 20 years from the date of filing the application in China, subject to the payment of annual fees, no extension.

Patent for Utility Model: 10 years from the date of filing the application in China, subject to the payment of annual fees, no extension.

Patent for Design: 10 years from the date of filing the application in China, subject to the payment of annual fees, no extension.

What is the duration of Chinese patent?

The duration of China Patent for invention is twenty years, the duration of patent for utility model and design is ten years, counted from the filing date in China.

3.What kind of invention cannot be patented in China?

China Patent refuse the following categories:

According to Article 5 and Article 25 of the China Patent Law, the following items are unpatentable in China:

(1) any invention-creation that is contrary to the laws of the state or social morality or that is detrimental to public interest;

(2) scientific discoveries;

(3) rules and methods for mental activities;

(4) methods for the diagnosis or for the treatment of diseases;

(5) animal and plant varieties;

(6) substances obtained by means of nuclear transformation.

For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.

4.What language must be used for a patent application in China?

Any document submitted under the Chinese Patent Law and its Implementing Regulations must be in Chinese. For PCT applications, the document can be filed in either Chinese or English. However, a Chinese translation of the application has to be submitted within 20 months of the priority date.

5.What are the conditions of granting patent right?

Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical app1icability, and any design for which patent right may be granted must not be identical with and simi1ar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not be in conflict with any prior right of any other person.

6.What documents needed for applying a patent in China?

For applying for a patent of invention or utility model, an application shall be filed first, a request, a description and its abstract, and claims shall be submitted.

For applying for a patent for design, an application shall be filed first, a request, drawings or photographs of the design shall be submitted, and the product incorporating the design and the class to which that product belongs shall be indicated.

7.What is the difference between three kinds of patent?

The Rule 1 of Chapter one of the Implementing Regulations of the China Patent Law says that invention means any new technical solution relating to a product, a process or improvement.

According to the rule 2 of Chapter one of the Implementing Regulations, utility model in the China Patent Law represents any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.

Design, in the word of the China Patent Law, means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.

8.What patent examination system China adopts?

The Patent Law of China regulates that China adopts an essential examination system to invention, utility model or design patent. Upon the request of the applicant, the Patent Administration Department under the State Council should publicize the application earlier, and the examination ought to be based on request from applicants. Preliminary examination system is adopted for application for a patent for utility model or design. Whenever there is a case involving in the utility model patent, the court and patent administration department can ask for the patentee to provide the examination report sealed by SIPO. This is a supplementary measure to remedy deficiency of the preliminary examination system.