patents trademarks, designs, and copyrights.

Patent and Trademark in China

patents trademarks, designs, and copyrights.

Patents

What are types of patent protection permitted in China?

In China, the State Intellectual Property Office (SIPO) is responsible for the administration of patents. There are three main types of patents granted in Republic of China:

Invention Patents: These patents cover new and inventive technical solutions for products, processes, or improvements to existing products or processes. Invention patents have a maximum term of 20 years from the filing date.

Utility Model Patents: These patents protect new and practical technical solutions for the shape or structure of a product. Utility model patents have a shorter term than invention patents, typically 10 years from the filing date.

Design Patents: These patents cover new and original designs for products. Design patents have a maximum term of 15 years from the filing date.

What can be filed as invention patent application in china?
  • In China, the invention patents cover new and inventive technical solutions for products, processes, or improvements to existing products or processes. Here are examples of innovations that can be filed as invention patents in China:Product Innovations: Novel and inventive features or improvements in the design, structure, or composition of a product.Process Innovations: Inventive methods or processes that provide a solution to a technical problem or improve efficiency in manufacturing or other processes.Biotechnological Innovations: Discoveries or applications of new biological entities, processes, or methods with industrial applicability.Pharmaceutical Innovations: New and inventive pharmaceutical compositions, formulations, or methods of treatment.Electronics and Software Innovations: Novel and inventive solutions in the fields of electronics, telecommunications, and software, including algorithms, user interfaces, and hardware designs.It’s important to note that invention patents are typically granted for more substantial and groundbreaking innovations compared to utility model patents. The criteria for obtaining invention patent protection include novelty, inventiveness, and industrial applicability.
What can be filed as utility model patents in china?
  • In China, utility model patents are typically granted for new and practical technical solutions related to the shape or structure of a product. Some examples of innovations that can be filed as utility model patents include:Structural Improvements: Modifications or enhancements to the physical structure of a product that provide a practical advantage.Functional Features: Technical solutions that improve the functionality or utility of a product.Configuration Changes: Alterations to the arrangement or configuration of components within a product to achieve a specific technical effect.Mechanical Devices: Novel mechanical inventions, such as tools, machinery, or equipment, that offer practical solutions to technical problems.Electrical Devices: Innovations in the design or structure of electrical devices that result in improved performance or functionality.It’s important to note that utility model patents are generally granted for incremental and practical improvements rather than groundbreaking innovations. The criteria for obtaining utility model protection include novelty, practicality, and industrial applicability.
What can be filed as design patents in china?
  • In China, design patents are granted for new and original designs for products. These designs should be primarily ornamental and non-functional in nature. Here are some examples of innovations that can be filed as design patents:Consumer Products: Unique and aesthetically pleasing designs for consumer goods such as electronic devices, furniture, fashion items, and household appliances.Packaging Designs: Distinctive and original designs for packaging materials, containers, and labels.Textile and Apparel Designs: Creative and innovative designs for clothing, fabrics, and accessories.Automobile Designs: Unique and visually appealing designs for the exterior or interior of vehicles.Graphic User Interfaces (GUI): Original and visually distinctive designs for the appearance of software interfaces, icons, and graphics.Architectural Designs: Innovative designs for architectural elements that are primarily ornamental, such as decorative facades or unique building features.It’s essential to keep in mind that design patents are focused on the visual appearance of a product rather than its functional aspects. To qualify for design patent protection in China, the design must be novel and significantly different from existing designs. Design patents have a maximum term of 15 years from the filing date.
How long is the grace period in China for disclosing an invention before filing a patent application?
  • China’s Patent Law incorporates a 6-month grace period in specific situations. Notably, the novelty of an invention remains intact if a patent application is submitted within 6 months following certain public disclosures. These disclosures include the initial presentation of the invention at an international exhibition supported or acknowledged by the Chinese Government, its first appearance at an academic or technological conference, or an unauthorized disclosure by others without the applicant’s consent. To preserve the patentability of an invention, it is generally recommended to file a patent application before making any public disclosures.
What is patent examination process in China?
  • The examination proceedings for different types of patents follow distinct stages. For inventions, the process encompasses five stages: receiving, preliminary examination, publication, substantive examination, and grant. During the preliminary examination and verification, the China National Intellectual Property Administration (CNIPA) reviews the application for document qualification and registerability, potentially requesting additional information from the applicant. Subsequently, applicants for invention patents undergo a substantial examination by the CNIPA, focusing on the novelty and registerability of the invention. If no grounds for rejection are identified, the applicant is granted patent rights.In contrast, the examination process for utility model or design patents involves three stages: receiving, preliminary examination, and grant. Unlike invention patents, there is no requirement for a substantial examination. Instead, the CNIPA grants patent rights once all necessary supplementary documentation has been submitted and the eligibility for patent registration has been confirmed.This distinction highlights the varying procedures for different patent types in China, with invention patents undergoing a more comprehensive examination process compared to utility model and design patents.
How to Renew/Maintain patents in China?
  • Chinese patents require annual renewal throughout their granted lifespan. Regardless of when the patent is officially granted, renewal fees commence, with the renewal date falling on the anniversary of the patent’s filing date. It’s essential to note that there is no extended payment window; fees must be settled by the renewal date, which corresponds to the filing date anniversary.Early payments are permitted up to one month in advance of the renewal date. In the event of missed renewals, the patent does not immediately lapse. Instead, a grace period of six months is provided. During this six-month timeframe, the renewal fee can still be paid, albeit with an additional penalty fee. The penalty fee amounts to 25% of the associated renewal fee. This mechanism allows patent holders some flexibility in maintaining their patents even if the renewal date is missed, albeit with an additional cost.
How much does it cost to file a patent in China?

The cost of obtaining a patent can vary depending on several factors, including the type of patent, the complexity of the invention, and the services of the patent attorney or agent you choose to hire. Additionally, the fees may also depend on whether you are a large entity, a small or medium-sized enterprise, or an individual inventor.

It is to be noted that patent process involves various fees, such as filing fees, examination fees, and maintenance fees, and these can add up throughout the different stages of the patent application process. Additionally, translation fees and legal representation costs may also contribute to the overall expenses.

At ipRenewal, our commitment to safeguarding your inventions in Australia goes beyond legal expertise; it’s a comprehensive journey facilitated by our seasoned attorneys. Collaborating closely with inventors, we meticulously craft patent specifications that meet the highest standards, incorporating detailed descriptions, robust claims, and precise drawings. Our Patent Application Drafting services showcase our dedication to a thorough and meticulous approach.

In navigating the intricate landscape of intellectual property (IP) in Australia, our experienced team of patent attorneys is dedicated to simplifying and optimizing the entire process. Recognizing the paramount importance of protecting your IP, our services are designed to guide you through every step. This journey commences with selecting the right type of patent, factoring in elements such as the nature of the invention, desired protection duration, and accessibility in the application process. This tailored approach, facilitated by our streamlined online platform, ensures a smooth filing process with all necessary documents for a successful submission.

Managing and paying renewal fees become seamless and cost-effective with ipRenewal’s user-friendly platform, guaranteeing the uninterrupted protection of your patents. Trust us to navigate the complexities of patent applications, prosecution, and maintenance, allowing you to focus on your innovative endeavors with confidence. Our holistic services are a testament to our commitment to providing unparalleled support at every stage of your IP journey.

At ipRenewal, we not only offer expert guidance throughout the patent protection journey in Australia but also distinguish ourselves by providing the best quotes for IP services. We go a step further, guaranteeing to beat existing quotes from other service providers. Our commitment to cost-effective solutions is coupled with an unwavering dedication to delivering top-notch IP services. Whether it’s crafting precise patent specifications, guiding through the patent application process, or managing and paying renewal fees, ipRenewal stands out for exceptional quality, unmatched affordability, and the assurance that you’re receiving the most competitive rates in the market. Trust us to safeguard your innovations with a comprehensive and budget-

Trademark

What does the trademark law entail in China?

China adopts a “first-to-file” approach for securing trademark rights, emphasizing that the entity filing the trademark application first generally gains the right to register that particular trademark. In China, little to no protection is afforded based on prior use. Therefore, it is highly advisable to initiate trademark applications as early as possible, ideally well before entering the Chinese market. Delaying the application process opens the door for other entities to file ahead of you, potentially leading to the exclusion of your products from the Chinese market due to pre-existing registrations.

Instances abound where trademark counterfeiters obtained registrations ahead of authentic brand owners and subsequently initiated infringement actions against distributors of genuine products. In navigating market dynamics, brand owners may find themselves compelled to offer substantial compensation to counterfeiters for the assignment of trademark registrations.

What can be protected as trademark in China?

In China, a wide range of signs, including words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, and combinations thereof, can be registered as trademarks and enjoy protection. “Registered trademarks” are those approved and registered with the Trademark Office, encompassing goods marks, service marks, collective marks, and certification marks. However, unique to China, smell cannot be registered as a trademark, unlike in some other countries.

 Certain signs are prohibited from being registered as trademarks, including those identical or similar to national symbols, names, or emblems of China and foreign countries, as well as names or signs of international organizations. Discriminatory, fraudulent, or morally objectionable signs are also ineligible. Geographical names above the county level and well-known foreign geographical names cannot be used as trademarks, except in specific circumstances. Additionally, generic names, indicators of product characteristics, and marks lacking distinctive features are not eligible for trademark registration in China. Once registered, trademarks bearing geographical names remain valid, but signs bearing generic or non-distinctive characteristics are not accepted for registration.

Is it required to register the Trademark in Chinese character?
  • Local consumers commonly refer to foreign brands using Chinese versions, even in the absence of an “official” Chinese version in marketing materials. To proactively address this, it is highly recommended to create and register a Chinese version of your trademark. Failing to do so may result in the local market creating its own version, which could be registered by someone else. The China Trademark Office considers foreign equivalents during the examination process, meaning the Chinese version of a word could hinder the registration of the English version for the same goods or services. Registering a Chinese character version enhances consumer recognition, protects your brand in a market with a different language and script, and prevents unfavorable versions from being created. While not mandatory, it is a strategic move to strengthen your brand’s protection, recognition, and market presence in China.
How long does it take to get a trademark in China?
  • If all the submitted documents meet the approval of the Trademark Office of the National Intellectual Property Administration, and the entire process unfolds smoothly without the need for additional procedures such as reviewing refused applications, invalidation, or cancellation, the standard timeframe to secure a trademark registration in China is a minimum of eight months. As stipulated by the law, the Trademark Office is obligated to conclude the examination of the application documents within nine months from the receipt of the complete application.
What is the trademark examination process in China?
  • A trademark application in China undergoes a formal examination and substantive examination on both absolute and relative grounds within six months from the date of receiving the application documents for trademark registration.

     The assessment of applications by the Trademark Office follows the Standards for Trademark Review and Examination, encompassing both formal and substantive aspects. Each application is carefully scrutinized for potential conflicts with existing trademarks. While a letter of consent may be considered in cases of objection based on a third-party mark, its effectiveness varies and depends on the sender’s identity.

     Notably, there is no obligatory requirement in China to claim or prove the use of a trademark or service mark before registration. Priority rights may be granted for foreign registrations if the applicant files a trademark registration application in China within six months of the first application for the same trademark and goods in a foreign country, based on agreements, international treaties, or reciprocity principles between China and the foreign country.

     While registration is possible without prior use, a registered trademark may face revocation if it becomes the generic name for designated goods or remains unused for three consecutive years without valid reasons. In such cases, any entity or individual can petition the Trademark Office for revocation, and the office is mandated to make a decision within nine months of receiving the application.

How to Renew/Maintain Trademark in China?
  • Here are some key points regarding who can apply for a patent:
  • Individual Inventors: An individual or group of individuals who have created a new and useful invention can apply for a patent.
  • Employer-Employee Relationship: Right to file a patent may belong to the employer if the invention was created by an employee during the scope of their employment.
  • University or Research Institution: If an invention is created by researchers or scientists at a university or research institution, the institution may have the right to apply for the patent.
  • Assignees or Legal Representatives: The patenting right can be transferred or assigned to another entity. This may happen through contractual agreements, such as when an inventor sells or transfers their rights to a company or individual.
  • Highlighting the significance of the priority date, it’s essential to note that the first person or entity to submit a patent application for a particular invention typically gains priority in obtaining the patent. This underscores the importance of timely filing, as the priority date is determined by the time of filing in many jurisdictions.
How much does it cost to file a Trademark in China?
  • Here are some key points regarding who can apply for a patent:
  • Individual Inventors: An individual or group of individuals who have created a new and useful invention can apply for a patent.
  • Employer-Employee Relationship: Right to file a patent may belong to the employer if the invention was created by an employee during the scope of their employment.
  • University or Research Institution: If an invention is created by researchers or scientists at a university or research institution, the institution may have the right to apply for the patent.
  • Assignees or Legal Representatives: The patenting right can be transferred or assigned to another entity. This may happen through contractual agreements, such as when an inventor sells or transfers their rights to a company or individual.
  • Highlighting the significance of the priority date, it’s essential to note that the first person or entity to submit a patent application for a particular invention typically gains priority in obtaining the patent. This underscores the importance of timely filing, as the priority date is determined by the time of filing in many jurisdictions.
Prosecution and Grant of Trademark Application ?

The prosecution and grant of a patent involve a comprehensive examination process initiated by the filing of a patent application, often accompanied by a request for examination. This process includes a meticulous review by a patent examiner who assesses the novelty, non-obviousness, and utility of the invention. The applicant may need to make amendments to the patent claims based on the examiner’s feedback through office actions. Successful resolution of these actions leads to the issuance of the patent, granting exclusive rights to the inventor. Throughout this journey, from the initial filing to when the patent issues, the application is examined and refined, making it crucial for applicants to navigate the intricacies with precision and, if needed, seek professional assistance for a successful outcome.

How much does it cost to trademark a brand in China?

The cost to trademark a brand in China can vary based on several factors, including the number of classes and sub-classes of goods or services you want to register, whether you engage legal services, and if any additional procedures are required. Here are some general cost considerations:

 Official Filing Fees: The official fees for filing a trademark application in China are determined by the number of classes your goods or services fall under.

 Legal and Professional Fees: Many businesses choose to work with legal professionals or trademark agents to navigate the registration process.

 Search and Clearance: Before filing, it’s advisable to conduct a trademark search to ensure that your desired brand is not already registered in China.

 Renewal Fees: Trademarks in China are initially valid for ten years. Renewal fees will apply if you choose to extend the registration beyond this period.

 Other Potential Costs: If there are any issues during the application process, such as objections or oppositions, addressing these matters may involve additional costs.

Iprenewal serves as your trusted ally in delivering comprehensive trademark services, ensuring the safeguarding and currency of your invaluable IP assets. Our specialized team is dedicated to streamlining the trademark renewal process, providing businesses with a seamless experience geared towards maintaining and fortifying their brand portfolios. From submitting renewal applications to navigating intricate legal requirements, Iprenewal’s experts offer a full spectrum of services tailored to meet the distinct demands of our clientele.

Recognizing the paramount significance of timely trademark renewals, Iprenewal’s efficient and well-organized procedures are crafted to empower businesses to meet deadlines and preserve the validity of their trademarks. With a sharp focus on compliance and precision, we strive to provide unparalleled service quality, giving our clients the assurance that their IP portfolios are under the care of capable hands.

Our commitment to excellence transcends routine trademark renewal tasks. Iprenewal takes pride in delivering personalized consultation services, ensuring that our clients are well-informed about regulatory changes and potential avenues to enhance their trademark protection strategies. As your reliable partner, Iprenewal is dedicated to securing your brand’s identity through meticulous trademark renewal services tailored to the dynamic landscape of IP laws, including those overseen by the China National Intellectual Property Administration (CNIPA). Whether it’s conducting a China trademark search, handling trademark online applications, or managing the classification nuances of Chinese patents, Iprenewal is well-equipped to efficiently file and process your trademark registrations in accordance with the rigorous standards of intellectual property protection.

Iprenewal presents a cost-effective alternative to the Madrid Protocol for filing and processing your trademark registrations, delivering superior value without compromising on quality. Our services not only ensure compliance with legal requirements but also offer significant cost advantages compared to the expenses associated with the Madrid Protocol. By choosing Iprenewal, businesses can optimize their budget for trademark registration while receiving efficient and reliable services. Trust us to provide a cost-efficient solution that aligns with your intellectual property protection needs, delivering substantial savings for international trademark registrations through the World Intellectual Property Organization (WIPO).

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