Home | Professionals | Services | Download Forms | Notice | Contact Us  
   
 

 

   

Introduction
to Patent

 

 

 

1、Patent Applicant
2、Types of Patent
3、Patent Rights
4、Patent Term

 

Patent Applicant

  • "Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity." (Chinese Patent Law, Article 18)
  • "Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the Patent Administration Department Under the State Council to act as his or its agent.
Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a patent agency to act as its or his agent.

The patent agency shall comply with the provisions of laws and administrative regulations, and handle patent applications and other patent matters according to the instructions of its clients. In respect of the contents of its clients' inventions-creations, except for those that have been published or announced, the agency shall bear the responsibility of keeping them confidential. The administrative regulations governing the patent agency shall be formulated by the State Council." (Chinese Trademark Law, Article 19)

Top

 

Types of Patent

  • "In this Law, "inventions-creations" mean inventions, utility models and designs." (Chinese Trademark Law, Article 2)

  • "In the Patent Law, "Invention" means any new technical solution relating to a product, a process or improvement thereof.

    In the Patent Law, "Utility model" means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.

    In the Patent Law, "Design" means any new design of the shape, pattern, or their combination and the combination of color and shape or design, of a product, which creates an aesthetic feeling and is fit for industrial application." (Implementing Regulation Under Chinese Patent Law, Article 2)

Top

 

Patent Rights

  • "After the grant of the patent right for an invention or utility model, except where otherwise provided for in this Law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product, or use the patented process, and use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes.
  • After the grant of the patent right for a design, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, sell or import the product incorporating its or his patented design, for production or business purposes." (Chinese Patent Law, Article 11)

Top

 

Patent Term

  • "The duration of patent right for inventions shall be twenty years, the duration of patent right for utility models and patent right for designs shall be ten years, counted from the date of filing." (Chinese Patent Law, Article 42)

  • "The date on which the Patent Administration Department Under the State Council receives the application shall be the date of filing. If the application is sent by mail, the date of mailing indicated by the postmark shall be the date of filing." (Chinese Patent Law, Article 28)

Top

 

 

 

 

 

Newsletter
Back Numbers

 
 
 
Home | Notice | Newsletter | Link | Disclaimer | Contact Us

北京同恒源知识产权代理有限公司 版权所有
网站首页URL: www.tidytend.cn ICP备05060753号
网站首页URL: www.tidytend.com ICP备05063819号