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Patent Filing in China

Japan is a member of the Patent co-operation Treaty and Paris Convention. Patent applications can be filed in India through the PCT route or by filing directly as a conventional application.

Term of the Patent: 20 years from the filing date

Patent Office: State Intellectual Property Office of China (SIPO)

 

Paradigm to obtain a patent in China:-
  • Patent Filing
  • Publication
  • Examination
  • First office action
  • Compliance with the Office action either with written statement or hearing
  • Acceptance(notice of allowance) or rejection
  • Payment of the issue fees
  • Renewal fee is payable beginning with the year in which the patent right was granted
Documents required for filing of Patent Application in China

1. PCT National phase application

  • WIPO Publication
  • International Search Report
  • International Preliminary Examination Report
  • Chinese translation
  • Assignment if the applicant is not an inventor
  • Power of Attorney

2.Convention Application under Paris Convention

  • Complete specification
  • Drawings (if any)
  • Abstract
  • Chinese translation of the specification
  • Certified copy of the priority document (s)
  • Chinese translated copies of the priority document (s)
  • Power of attorney
  • Assignment
Remarks:
  • 32 months with extension is possible for national phase entry in China
  • The translation must be submitted at the time of filing
  • Excess claims fee: CNY 150 per claim over 10
  • The claim fees are based on the application as published. It is not possible to reduce this fee by amending the claims at national stage entry.
  • Timeline for entry into National phase in China is 30 months
  • Timeline for filing a conventional application in China is 12 months