申請の注意事項

1 、 Patent affair

　　There are three types of patents in China , the Patent for Invention, the Patent for Utility Model and the Patent for Design. The Patent for Invention in China is similar to the Utility patent in the U.S. The Patent for Utility Model in China is similar to the Utility Model patents in Europe in that it is not examined. Chinese patents use the First-to-file rule.

(1) Patent for Invention

● Term 20 years from date of filing or priority date
● Excludes scientific discoveries, rules and methods for mental activities, methods for the diagnosis or for the treatment of diseases, animal and plant varieties, and substances obtained by means of nuclear transformation.

(2) Patent for Utility Model

● Term of 10 years from date of filing or priority date
● In addition to the limitations for patent for invention, excludes methods and chemical compounds.

(3) Patent for Design

● Term of 10 years from date of filing or priority date.

(4)Necessary Documents for Filing Invention and utility model:

1) Application documents including specification, claims, drawings (if any) and abstract.
2) An instruction letter indicating the title of the invention, name & address of the applicant, name & address of the inventor. The name of the country where the initial application was filed, date of priority and priority number were required to provide if priority is claimed.
3) Power of Attorney (may be provided later);
4) Where priority is claimed, the certified documents of priority are required and the assignment of priority (if any) or the notarized copy of the same is required (within three months from the filing data in China )

(5)Necessary Documents for Filing an Application for a Patent for Design:

1) An instruction letter indicating the name of the product associated with the design, name & address of the applicant, and name & address of the designer. The name of the country where the initial application was filed, date of priority and priority number were required to provide if priority is claimed.

2) One set of drawings or three sets of photographs (front view, back view, top view, bottom view, left view & right view, and a perspective view (if available)) shall be provided; the size of the drawing or photo should between 3 x 8cm~15 x 22cm. If it seeks concurrent protection of color, three sets of drawing or photograph in color should be provided. If it photograph is provided, the background of the article should be a single color against nothing else; in addition, a drawing or a photograph provided shall be of the orthogonal view.
3) Power of Attorney (may be provided later);
4) Where priority is claimed, the certified documents of priority are required and the assignment of priority (if any) or the notarized copy of the same is required (within three months from the filing data in China )

(6)Necessary Documents for Entering National Phase in the China of PCT

•  An instruction letter
•  Power of Attorney (within three months from filing date in China .)
•  A3 sheet of the international publication
•  Certified documents of the right of priority (if any)
•  Assignment (if any) Amendments in the international phase.