Types of Patent
There are three types of patent in China, i.e. patent for invention, patent for utility model and patent for design.
The duration of a patent for invention is twenty years, the duration of a patent for utility model or design is ten years, counted from the filing date in China.
Time for Patent Approval
1. Patent for Invention: 2-3 years after filing, without regard for oppositions
2. Patent for Utility Model: 6-12 months after filing, without regard for oppositions
3. Patent for Design: 6-8 months after filing, without regard for oppositions
Definition of Invention, Utility Model and Design
1. "Invention" means any new technical solution relating to a product, a process or improvement thereof.
2. "Utility model" means any new technical solution relating to the shape, the structure, or their combination of a product, which is fit for practical use.
3. "Design" means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern of a product, which creates an aesthetic feeling and is fit for industrial application.
China Patent Filing Documents
China Patent Application Fees
YINGKE charge different service fees for different types of patent:
• Patent for Invention: RMB 15000 / piece
• Patent for Utility Model: RMB 11000 / piece
• Patent for Design: RMB 10000 / piece
Please note that all government fees are included in the offer, but translation fees are not included.
A patent application for invention or utility model must include the following documents:
1. Power of Attorney, signed by the applicant (Notarization or legalization is not required);
2. Specification with claims and abstract;
3. Drawings, if any;
4. Certified copy of the prior application, if a priority is claimed; and.
5. Assignment of priority right, if the applicant in China differs from that of the prior application.
6. A patent application for design must include the following documents:
7. Power of Attorney, signed by the applicant (Notarization or legalization is not required);
8. Drawings or photographs of the design;
9. Brief description of the design;
10. Certified copy of the prior application, if a priority is claimed, and.
11. Assignment of priority right, if the applicant in China differs from that of the prior application.
YINGKE Law Firm- the largest law firm in China
YINGKE is the largest law firm in China and Asia Pacific. With our headquarters located in Beijing, we operate in more than 40 cities in China and 30 cities overseas. As a full-service, international law firm, we have more than 6,000 lawyers in China and abroad. Our on-the-ground connections and networks make it clear that we are your most trustworthy partner to optimize your China operations.
As the largest law firm in China, YINGKE is the leading partner for foreign companies doing business in China. Our deep understanding of China's legal system, culture dynamics, and business environment make us the most acclaimed law firm in China.
Our seasoned foreign focused Chinese lawyers have developed vast experience handling a wide range of legal issues including international trade, foreign investment, corporate legal affairs, capital markets & securities, private equity, investment & finance, mergers & acquisitions, intellectual property, real estate, energy & environmental protection, maritime trade & affairs, and dispute resolution. In order to give our clients peace of mind, we offer high quality services with flat fees to avoid surprise costs. Also, as foreign nationals are not allowed to practice law in China, outsourcing your legal issues to Chinese lawyers via foreign lawyers only adds up unnecessary expenditures.
YINGKE Patent Practice Area
1. Pro-filing patentability opinion
2. Patent prosecution and re-examination
3. Patent administrative litigation
4. Patent searching and analyzing
5. Patent invalidation
6. Patent infringement searching and analyzing
7. Enforcement through administrative or judicial authorities
8. Patent licensing and technology transferring
9. Annuities payment
10. Patent and non-patent documents searching & watching
YINGKE Intellectual Property Services
As the largest law firm in China we are able to provide a variety of IP services. Please feel free to request us for service proposals.
4. Data Protection & Privacy
5. Domain names
6. IP Disputes & Enforcement
7. IP Licensing& Exploitation