CHINESE PATENT, DESIGN AND TRADE MARK APPLICATIONS

Chinese Patent

The Peoples Republic China is a member of the International Patent Convention and of the PCT.

The filing of a PCT National Phase application in China costs, on average, about US$ 5 000.00 (as of January 2018) inclusive of the filing of a preliminary amendment to bring the claims into conformity with local patent law. To this must be added about US$ 30.00 per claim over 10 and Chinese translation charges of about US$ 25.00 per 100 words of the specification, claims, abstract and drawings. Sometime thereafter, substantive examination must be requested at a cost of about US$ 1 000.00. If the Examiner objects to some or all of the claims, prosecution costs of at least US$ 2 000.00 can be expected. Should the Examiner accept the application, publication and grant costs of about US$ 1 500.00 will be payable (plus outstanding maintenance and/or renewal fees, if applicable).

Please click here for general information on foreign patent filings.

 

Chinese Design

The Peoples Republic of China is a member of the Paris Convention for the Protection of Industrial Property.

China provides for protection of industrial designs through industrial design patents. The definition of such a design is any new design which arouses an aesthetic feeling relating to the shape, pattern, or combination thereof, or combination of the colour, shape, or pattern of a product.

The novelty requirement for a design is defined so that a design will be considered new if it is not identical or similar to any design which has been publicly disclosed in publications anywhere in the world, or publicly used in China before the filing date of the design application.

At application the design is only subject to preliminary examination as to compliance with formal requirements, whether the design is not obviously unprotectable according to the requirements, and as to unity of design.

The duration of a Chinese design is ten years, subject to the payment of annual renewal fees.

For more information about Chinese design applications, please contact us.

Please click here for general information on foreign design filings.

 

Chinese Trade Mark

The Peoples Republic of China is a member of the Paris Convention under which any resident of a Convention country is entitled to claim the priority date of a first application made in a convention country as that of any subsequent application in any other Convention country within a 6 month period. China is also a member of the Madrid Protocol for the international registration of marks.

A Chinese trade mark is defined as any visual sign capable of distinguishing the goods or services of a natural person, legal entity or other organization from those of others. Included are words, designs, letters, numerals, three-dimensional symbols, combinations of colours, or any combinations of these.

Upon filing of the Chinese application, it is subjected to examination into form, registrability, and conflict with marks already registered. If all requirements are complied with, the mark is advertised with a 3 month opposition period. If no opposition is made, the application will be granted.

The duration of the Chinese trade mark is 10 years from date of approval of the registration, indefinitely renewable for further ten year periods.

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