其他
FAQs about Patent Applications in China
Click LegalgTips
to follow us
Rules on RE Purchase by Overseas Organizationzs & Individuals
Applying for a “PU Invitation Letter”
Doing Business in China--All You Need Is Here
We mentioned in more than one of our previous articles that you need to register your trademark in China ASAP, as China is a “first to file” country. Then here comes the question: what about patent registrations? Does China apply a “first to file” principle in patent registrations, too?
Yes, the first to file principle also applies to patent registrations. More than that, as patent means something novel, something that has not been disclosed to the public anywhere in the world, it means the timing for filing the application is very important. Now, we are going to share our tips with regards to registration of a patent particularly today.
1. Submitting your patent application simultaneously around the world
Unlike a trademark registration, if any identical or similar trademarks have been applied or registered previously, your application will not be granted. The most important thing about a patent registration is that it has to be something that has not yet been disclosed to the public before you file for a patent.
Disclosed to public, not only means that you have already sold it and exposed it by advertising, but also exposed it by applying for a patent in any other country in the world.
Yes, you get me correctly, applying for a patent is also a kind of exposure. However, according to Article 29 of Patent law of the PRC: “Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for invention or utility model, or within six months from the date on which any applicant first filed in a foreign country an application for a patent for design, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the said foreign country and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority.” So, if you have ever filed a patent application in any other country, you should file for it in China before this six or twelve months elapse.
Then what if you missed the deadline? We understand that there is no substantial examination for a design patent and utility model patent application, so if you apply for these two patents in China after the deadline and claimed that you never did any previous application outside of China, you probably might get your application granted. However, if your previous application in other countries has been reported to the patent office by any of your competitors, your patent will be invalidated right away.
The following are our step-by-step tips:
1） Making a listWhile still working on your patent, you had better figure out the plan for future protection. Make a list of the jurisdictions in which you think you want to be protected, for example, you either want to outsource the manufacture of your product in China, or want to sell your product in China someday, it’s highly recommended to include China in the list...
Tap "Read More" to visit our websit