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Entry into Chinese national phase of a PCT application

Procedures:
Procedures for entry into Chinese national phase of a PCT application include entering, preliminary examination, publication, substantive examination and grant. It is necessary for the applicant to file a request for examination as to substance within 3 years from the earliest priority date. But it is suggested to file the request for Examination at the same time of filing, so as to accelerate the application process. The duration of the patent right for an invention will be 20 years counted from the date of filing.

Requirements:

1) A letter of instruction to China indicating the name(s), address(es) and nationality(ies) of applicant(s) and the name(s) of inventor(s) and the CHINESE translation thereof so as to avoid any possible different versions (if the applicant does not have a Chinese name, we can do the transliteration);

2) Original Power of Attorney executed by the applicant(s), which is neither necessarily notarized nor legalized and can be late furnished after filing within the time limit specified by the Patent Office (Power of Attorney is herewith attached);

3) International Publication pamphlet;

4) International Preliminary Examination Report with annex (if any);

5) Any amendment concerned if the applicant would like to bring such amendment into the examiner’s consideration during the examination on the application in China.

Industrial Design Applications in CHINA

Procedures:

The procedures for a design application include acceptance, preliminary examination and grant, which usually takes 6~7 months. Validity of registered design lasts for 10 years and annual fees have to be paid in advance within the month before the expiration of the preceding year.

Requirements:

1) Representation of the subject matter of the design in form of drawings (preferable in .dwg format) or photographs (six-side views plus a Perspective View) in triplicate.

2) A letter of instructions indicating the name(s), address(es) and nationality(ies) of applicant(s) and the name(s) of inventor(s) and the CHINESE translation thereof, so as to avoid any possible different versions (if the applicant does not have a Chinese name, we will do the transliteration);

3) Power of Attorney executed by the applicant(s), which is neither necessarily notarized nor legalized and can be late furnished after filing within the time limit specified by the Patent Office (POA form is herewith attached);

4) Priority Certificate;

5) Description of the subject matter of the design if desired.

Notes:

According to the Chinese Patent Law, a design patent application shall be limited to ONE design incorporated in ONE product. Only for the designs which are incorporated in products belonging to the same class and are sold or used in sets may be filed as one application.

Utility Model Applications in China

Procedures:

The procedures for Utility Model application include acceptance, preliminary examination and grant, no substantive examination is required. The duration of patent right for Utility Model or Design is 10 years counted from the filing date.

Requirements:

1) A letter of instructions indicating the name(s), address(es) and nationality(ies) of applicant(s) and the name(s) of inventor(s) and the CHINESE translation thereof so as to avoid any possible different versions (if the applicant does not have a Chinese name, we can do the transliteration);

2) Power of Attorney executed by the applicant(s) for EACH application, which is neither necessarily notarized nor legalized and can be late furnished after filing within the time limit specified by the Patent Office (Power of Attorney forms for conventional application and for National Phase application are herewith attached);

3) Priority Certificate (if any);

4) Description, claims and drawings, etc in English.

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