CHINA PATENT SYSTEM
| Major international treaties signed |
Patent Co-operation Treaty
Paris Convention
Budapest Treaty
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| Costs of obtaining a patent |
Please contact us at china@mirandah.com
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| Average time to obtain a patent |
Utility Models & Designs: 10-15 months
Inventions: 36 – 48 months
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| 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
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| 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
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Major prosecution events (time from priority date)
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| 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
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| Other forms of patents (e.g. petty/innovation patents) |
Utility Models & Designs |
| Useful links |
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ENFORCEMENT OF PATENTS
| Infringement offence |
Civil and Administrative |
| Any specialized courts for IP |
Yes |
| Outline of the enforcement steps |
(i) Notice of Cease and Desist
(ii) Infringement lawsuit
|
| Relief against groundless threats |
Not available |
| Declaration of non-infringement |
Available |
| Preliminary injunctions |
Available |
| Time frame for various legal actions |
(i) Revocation - varied case by base
(ii) Infringement proceeding - varied case by base
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| Alternative dispute resolution |
(i) Mediation
(ii) Arbitration
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| Availability of damages and other relief for infringement |
(i) Injunction
(ii) Account of Profits
(iii) Seizure, Forfeiture or Destruction of goods found to be infringing without payment of compensation
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Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.
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