Chinese patent application
Release time: 2019-08-27 15:28:44
China's Patent Law provides for the protection of three types of patents: invention patents, utility model patents and design patents.
Invention refers to a new technical scheme proposed for a product, method or improvement thereof.
A utility model refers to a new technical scheme suitable for practical use proposed for the shape, structure or combination of a product.
Appearance design refers to a new design which is aesthetically pleasing and suitable for industrial application, which is made by the combination of product shape, pattern or its combination, as well as the combination of color, shape and pattern.
A patent applicant refers to a natural or legal person who requests the Patent Office to grant a patent right to his invention or creation.
The patent applicant may be the inventor, designer or his subordinate unit of the invention-creation, the legal transferee or heir of the legal rights of the invention-creation, or a foreigner or foreign enterprise of a country that has signed an agreement with China or jointly participated in international treaties with China or handled in accordance with the principle of reciprocity.
Examination and approval procedure: The examination and approval procedure of patent application for invention includes five stages: acceptance, initial examination, publication, actual examination and authorization. There is no early publication and substantive examination in the examination and approval of patent applications for utility models and designs, so there are only three stages: acceptance, preliminary examination and authorization.
The duration of patent protection starts from the date of application: 20 years for invention patents, 10 years for utility models and designs.
In order to maintain the validity of the patent right, the patentee has the obligation to pay the annual fee on time during the period of patent protection after obtaining the patent right. If the patentee fails to pay the annual fee on time or the amount paid is insufficient, the Patent Office will notify the patentee to make up the payment within six months, and at the same time, the late fee shall be paid. Where the patentee has not paid or paid the full annual fee and the late payment fee at the expiration of the overdue payment period, the patent right shall terminate on the date of the expiration of the due annual fee period.
