Category
 

Invention, Utility Model, and Design Patents
Duration
 

20 years (Invention), 10 years (Utility Model) & 12 years (Design), calculated from the date of application and effective from the date of publication¡@

Minimum Documents/Information Required to Obtain an Effective Filing Date
  1. the Specification and drawings and in case of claiming priority, the filing date of the basic priority application (a foreign language specification is acceptable)

    The drawings required of a design application shall include the six views (i.e. front view, left side view, right side view, top view, bottom view and rear view) and the perspective view of the claimed design. If photographs are to replace the formal drawings in a design application, 3 sets of the photographs showing the six views and the perspective view of the design will be needed.

  2. details of the applicant, including name, address and nationality
  3. name of the inventor(s)
Filing Requirements
  1. a Power of Attorney signed by the applicant (a photocopy is sufficient)
  2. an Assignment signed by the inventor(s) (a photocopy is sufficient, and besides, a photocopy of the Assignment filed in the corresponding US application can be filed in lieu of a new signed Assignment if the US Assignment is written globally)
  3. priority document (need be filed within 4 months from the filing date)
  4. a photocopy of the specification of the corresponding application filed at home or elsewhere (for design applications only)
  5. Chinese-translated Specification (need be filed within 4 months from the filing date
Special Remarks regarding Utility Model Patents
 

A utility model application filed in this country is not subject to substantive examination as to novelty and inventiveness. As long as the formality requirements of a utility model application are fulfilled, the application will mature into a registration with a duration of ten years, calculated from the filing date. However, the registration obtained cannot afford presumption of validity. In other words, the patentee might need to obtain an opinion from the Patent Office regarding novelty and inventiveness before it can enforce its right against an infringer.
 




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