Countries IP system

China's patent and trademark system

Invention patent

  • Patent term:
    20 years starting from filing date
  • Document required:
    Specification, drawings and power of attorney
  • Maintenance fee:
    Annual payment from approve date, 3rd year from filing date payment must made with collection of certificate
  • Patent prosecution:
    1. Patent prosecution is divided into two part, investigation and formal examination procedure
    2. Patent publications will take place 18 months after the filing date (priority date)
    3. Applicant can demand patent publications take place in advance
    4. Formal examinations should take place within 3years from filling date (priority date)

Utility model patent

  • Patent term:
    10 years starting from filing date
  • Document required:
    Specification, drawings, and power of attorney
  • Patent prosecution:
    Formality examination/register procedure
  • Maintenance fee:
    Annual payment from approve date
  • elated term:
    Utility patent enforcement rights will require providing the official patent search

Design patent

  • Patent term:
    10 years starting from filing date
  • Document required:
    Specification, drawings, designate product and power of attorney
  • Patent prosecution:
    Formality examination/register procedure
  • Maintenance fee:
    Annual payment from approve date

Trademark

  • Trademark term:
    10 years from register date, renewal for every 10 years term
  • Trademark type:
    Merchandise marks, service marks, collective mark and certification marks
  • Trademark format:
    Traditional (words, logos), 三維標誌和顏色組合
  • Document required:
    Words/logo, merchandise detail and power of attorney
  • Usage term:
    Trademark has not been use for 3 consecutive years will be revoke.
  • Renewal term:
    Renewal 6 month before expires date