PATENT FILING IN CHINA

We are heading towards an era of the technological boom where the rise in inventions is taking place exponentially. An enforceable Patent is key to effective Commercialization/ Out-Licensing of any technology. China has accounted for more than a million submissions, according to an annual report by the World Intellectual Property Organization (WIPO). State Intellectual Property Office (SIPO) along with the Chinese government has made it possible by making the patent filing process streamlined. Patents have significantly helped the companies from protecting their ideas and technology from getting infringed. GPF along with Khurana and Khurana, Advocates and IP Attorneys (K&K) has tremendous experience in dealing with Patent Filing/ Prosecution as per Chinese Patent Laws and can assist you in filing the patents in an efficient and hassle-free manner.

High Level Cost Estimate for Filing
Description
Price
Official Fee
$ 283.09
Attorney Fee
$ 850.00
Translation Fee
$ 900.00
Total
$ 2033.09

Documents Required
  • PCT application number.
  • Power of Attorney.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent can be filed in China as any of the following applications in Chinese:  

 

1. Paris Convention based national entry.

2. PCT National Phase based national entry.

2
STEP 2 : PUBLICATION

Publication of Chinese patents is done within 18 months of priority date.

3
STEP 3 : EXAMINATION

Request for examination has to be made within 36 months from the date of priority or filing whichever is earlier.

4
STEP 4 : PROSECUTION

Response to Examination Report has to be submitted within 4 and a half month from the date of First Examination Report (FER). 

5
STEP 5 : GRANT

Annuity for 3’rd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.