In today’s digital economy, patent protection is more important than ever, as it plays a critical role in driving innovation in each country, promoting R&D activities, technology transfer, and attracting investments in science and technology. Patent data serves as a foundation for evaluating and comparing the scientific and technological capabilities of one country against others in the region and globally. When discussing intellectual property protection, China is one of the world’s leading nations in terms of intellectual property filings in general, and patent filings in particular. Filing a patent in China is not overly complicated, but it must comply with the provisions of the Patent Law and the guidelines issued by the China National Intellectual Property Administration (CNIPA). Below are several key points that patent applicants in China should note:
1. Preliminary Search for the Intended Patent
Although not a mandatory step in the patent filing process in China, applicants are encouraged to conduct a preliminary search for the patent they intend to file. According to China’s Patent Law, a patent must meet the novelty requirement. During the substantive examination phase, the granting authority will conduct a nationwide search to determine whether the submitted patent has already been registered, publicly disclosed, etc., to ensure it meets the novelty requirement. Therefore, conducting a preliminary search prior to filing can minimize the risk of the patent being rejected due to a lack of novelty.
2. Appointing a representative organization to file the patent application
Foreign individuals or organizations (including those from Hong Kong, Macau, and Taiwan) without a permanent residence or business address in China cannot directly file a patent application. They must appoint a licensed organization that provides intellectual property filing services in China to do so. Applicants must seek out and authorize a representative organization to handle the patent filing on their behalf.
3. Regarding Application Documents
A patent application typically includes:
- Patent application request: This must state the name of the invention, the name of the inventor, the name or title and address of the applicant, and other relevant information.
- Description of the invention: The description must clearly and comprehensively explain the invention, allowing a person skilled in the relevant field to execute it; if necessary, drawings should be attached.
- Abstract of the invention: A brief summary highlighting the key technical points of the invention.
- Statement of claims: This statement must be based on the description and must clearly and concisely define the scope of patent protection.
- Power of attorney for filing (if the applicant is a foreign individual or organization).
4. Language Requirements
Except for documents provided by foreign agencies, all documents for patent applications in China must be written in Chinese. If the application is written in a foreign language, the applicant must translate it into Chinese. The Chinese version of the patent application will serve as the basis for CNIPA’s review, and any documents in foreign languages will not be valid or reviewed.
5. Deadlines for Paying Fees and Payment Methods
Applicants must pay the application fee, printing fee for publication, and any necessary additional fees within two months of the application filing date or within 15 days of receiving the acceptance notice from the patent authority under the State Council. If the applicant seeks priority rights, the priority fee must be paid at the same time as the application fee.
Fees can be paid directly to the patent authority under the State Council or through bank transfers, postal transfers, or online payment via electronic user accounts
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Disclaimers:
This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.
For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.
Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Intellectual Property Rights and contact our team of lawyers in Vietnam via email info@apolatlegal.com.
