| Major international treaties signed |
Patent Co-operation Treaty
Paris Convention
Budapest Treaty |
| Costs of obtaining a patent |
Please contact us at china@mirandah.com |
| Average time to obtain a patent |
Utility Models & Designs: 10-15 months
Inventions: 36 – 48 months |
| Official language for patent prosecution |
Chinese |
| Non-patentable subject matter |
- Scientific discoveries
- Rules and methods for mental activities
- Methods for the diagnosis or for the treatment of diseases
- Animal and plant varieties
- Substances obtained by means of nuclear transformation, and the means used of
- Any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest
|
| Grace period for pre-filing public disclosure |
Within six months before the date of filing, any occurrence of the following events:
- where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government
- where it was first made public at a prescribed academic or technological meeting
- where it was disclosed by any person without the consent of the applicant
|
|
Major prosecution events (time from priority date) |
| National phase entry |
: |
30 months |
| Request for Examination |
: |
3 years |
| Putting in order for grant |
: |
Nil |
| Renewals (after grant) |
: |
each year | |
| Extension of deadlines |
1-2 months (only applicable to specified time limits) |
| Pharmaceutical Data Exclusivity Laws |
Not applicable |
| Parallel Imports |
No explicit provisions |
| Term of patent |
Utility Models & Designs: 10 years
Inventions: 20 years
|
| Patent term extension |
Not applicable |
| Restoration of lapsed patent |
6 months from the date renewal fee should be paid |
| Search and Examination |
Utility Models & Designs: preliminary examination
Inventions: preliminary examination & substantive examination
|
| Other forms of patents |
Utility Models & Designs |
| Useful links |
www.mirandah.com
www.shdpa.com |