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How do you get a patent in China?

How do you get a patent in China?

Patents are filed in China for international protection of inventions under PCT route after domestic patent filing. The first patent application is filed in home country to secure a patent priority date. Thereafter, within 12 months of the priority date, a PCT international phase application is filed with the WIPO.

How to protect your invention abroad in China?

Patent application in China – Protect your invention abroad. We are aware of the importance and sensitivity of our client’s patents, and because of this we are always trying to deliver high quality standard services through personalized support. Below you will be able to review our service options: 1.

When does a patent need to be known to the public?

It must neither be known to the public (published or used/ made) both within the country and abroad before the date of filing of the patent application, nor shall be disclosed in any earlier filed patent application at the SIPO.

When did India and China amend their patent laws?

China and India amended their patent laws to fulfill the obligation of TRIPS agreement. India in 2005 and China in 2008 made their Patent Acts TRIPS compliant.

How can I get a patent in China?

Foreign applicant may obtain Chinese granted patent by filing national application directly in China. The ad hoc authority is the State Intellectual Property Office (SIPO) in Beijing, China. Foreign applicants can also designate China when they file a PCT (Patent Cooperation Treaty) application, with respect to the inventions and utility models.

How many design patents are filed in China?

In 2011, Chinese applicants filed for 327,565 design patent applications compared with only 188,027 filed just five years earlier. In fact, the design patent is preferred over the invention patent by Chinese applicants, accounting for 35 percent of all types of patents filed in China that year.

When does an invention become unpatentable in China?

With the Third Amendment to the Patent Law, China now applies a standard of absolute novelty. That is, an invention is not new (and therefore is unpatentable) if it was published or publicly disclosed anywhere in the world before the priority date .

What are the patent promotion policies in China?

Section 3 describes patent promotion policies (PPPs) in China, followed by a stylized model of patent application to derive theoretical predictions of the PPP, as well as an overview of the patent application process to arrive at the various measures for patent quality.