PATENT FILING IN CHINA

We are heading towards an era of technological boom where the rise in inventions is taking place exponentially. An enforceable Patent is key to effective commercialization/out-licensing of any technology. China has accounted for more than a million submissions, according to an annual report by the World Intellectual Property Organization (WIPO). The State Intellectual Property Office (SIPO), along with the Chinese government, has streamlined the patent filing process.

Patents have significantly helped companies protect their ideas and technology from infringement. GPF, along with Khurana and Khurana, Advocates and IP Attorneys (K&K), has tremendous experience in dealing with Patent Filing/Prosecution as per Chinese Patent Laws and can assist in filing patents in an efficient and hassle-free manner.

High Level Cost Estimate for Filing
Description
Price
Official Fee
$ 252
Attorney Fee
$ 750
Translation Fee
$ 900
Total
$ 1,902
Documents Required
  • PCT application number.
  • Power of Attorney.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent can be filed in China as any of the following applications in Chinese:

  • Paris Convention based national entry.

  • PCT National Phase based national entry.

2
STEP 2 : PUBLICATION

  • Publication of Chinese patents is done within 18 months of the priority date.

3
STEP 3 : EXAMINATION

Request for examination has to be made within 36 months from the date of priority or filing whichever is earlier.

4
STEP 4 : PROSECUTION

  • Response to the Examination Report has to be submitted within 4 and a half months from the date of the First Examination Report (FER).

5
STEP 5 : GRANT

  • Annuity for the 3rd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.