Chinese Law | China: Patent

NEW DRAFT ADMINISTRATIVE RULES ON NATIONAL STANDARDS INVOLVING PATENTS (INTERIM)
Chinese utility model patents
Article 2.2 of the PRC Patent Law FAQs
Measures Of Huaibei Municipality On The Administration Of Special Patent Funds(30/10/07)
What are the steps involved in a patent application in China?
Is there international depository authority in China?
What is the Patent Cooperation Treaty?
What do examiners look for when they conduct a substantive examination?
How should drawings be made for a patent specification?
Why has China adopted the utility model patent in addition to the invention patent?
What is the difference between an invention patent and a utility model patent?
What is the standard format for a patent specification filed in China?
How can I know whether or not my invention is novel and inventive?
As the newly revised patent law took effect on July 1, 2001, what would you say are the most significant changes that are likely to occur as a result?
As we know, China is changing its patent laws. Why does China feel this is necessary and what are Chinese lawmakers looking to as a model for these changes?
What would you say is one specific change to the patent law that will have a significant impact on your firm's work and your clients' interests?
Did the recent amendment to the Patent Law change anything in regards to appealing decisions made by the State Intellectual Patent Office?
What are the differences between Patents, Trademarks and Copyrights?
What is a patent?
What organization is in charge of issuing patents in China?
How many types of patent protection are provided in China?
What is the duration of a patent in China?
Under which circumstance does the invention-creation for which a patent is applied for not lose its novelty?
Are there any subject matters or types of inventions that can not be granted a patent?
What is the right of priority?
Is China a member of the Patent Cooperation Treaty (PCT)?
Does the Chinese patent application process use the First to File system?
What do I need to include in my application for an invention or utility model?
What do I need to include in my application for industrial design?
What kind of invention or utility model can be granted a patent?
What kind of design can be granted a patent?
What is the difference between a service and non-service invention-creation?
If I file a patent application using the PCT route designating China, does my application need to be translated into Chinese?
When will my patent application be published?
How is a Chinese patent published?
Will my patent application for invention go through the substantial examination automatically?
Do I have a chance to amend my application of invention to meet the requirements for the granting of a patent right?
Do applications for utility models and industrial designs need a substantial examination as well?
If an application is rejected, what can be done?
What will happen if a party requests that a patent be declared invalid?
Can a decision by the Patent Re-examination Board be challenged?
What criteria are used to determine the scope of a patent right?
How do I enforce my patent if I discover an infringement?
If I discover an infringement while my patent is pending, can I do anything about it?
How many patent applications are filed in China?
To what conventions is China a member to in the Intellectual Property field?
What likely changes will be made to the patent law once China enters the WTO?
How does one achieve patent protection in Hong Kong?
Are Chinese patent rights automatically effective in Hong Kong?
Are Chinese patent rights protected in Macao?
Can I file a patent for software?
Can my software be protected in China?
Can I file a patent for a plant variety? Can my new plant variety get protection in China?
What organizations are responsible for the protection of a new plant variety?
What are the necessary qualifications in order to receive protection for a new plant variety?
What documents are needed when applying for new plant variety protection?
Are there any requirements for a foreigner to file patent application in China?
Why should I use a Patent Attorney when filing for a patent in China?
How much is the application fee for filing a patent in China?
How much are the annual fees?
How do foreigners, foreign enterprises and other foreign organizations apply for patent in China?
How do the foreign enterprises and the joint venture enterprises established in the Chinese territory apply for patent in China?
What provisions are there for application for patent for utility models in China?
How long is the protection duration of the Chinese patent?
When shall maintenance fees be paid for applications for patent for invention?
Can a request for substantive examination be made at the same time when filing the application for patent for invention? Can a request for earlier publication therefor be made?
On having made the request for substantive examination, it is necessary for the applicant to submit "Documents for the Substantive Examination". What are they? What will be the consequences when they are not submitted?
Under what circumstances may a request for extension of time limit be filed with the Chinese Patent Office?
After filing an application, can the applicant amend the application on his or its own initiative? when and to what extent can the amendment be made?
What is the procedure of requesting invalidation at the Chinese Patent Office?
On PCT application entering the Chinese phase, where the applicant has not had enough time to submit the application documents thus leading to the cessation of the effect thereof, can a restoration of right be requested?
On entering into the Chinese phase, what provisions are there as stipulated by the Chinese Patent Office for the PCT application documents and the amendments thereof?
What shall be done in the case where the PCT international application requests to enter the Chinese phase at an earlier date?
What is to be done when surviving mistakes from the international phase are discovered in the PCT patent international application when entering the Chinese phase?
On the PCT patent application entering the Chinese phase, is it necessary for the applicant to supply comparison documents as provided in Article 36 of the Chinese Patent Law?
What are the provisions of jurisdiction of Chinese courts over patent cases?
What motivation was there for China to amend its patent law for the second time?
How many types of patents are available in China?
What sort of actions does we consider when handling counterfeiting patent cases?
What other cases can the patent administrative authorities handle in addition to patent infringement cases?
How can I enforce my patent rights in China?
What are the damages I can obtain from infringers?
What are the requirements for obtaining patent rights?
How do I know if my invention /creation is patentable or not?
Can I prevent customers of my licensee from using my patent?
Can a licensee use a toll manufacturer to produce the licensed products?
How will my royalties be taxed?
What happens if the licensor or licensee goes bankrupt?
What are my responsibilities to license my technology if I have participated in groups which set industry standards?
How can I get access to improvements made by my licensee?
Do I have to mark my patented products?
Who bears the costs of infringement litigation, the owner or the licensee?
Is there a way for foreign invested companies in China to stop infringement of their patented products?
What provisions are outlined in the 2001 Provisions concerning stopping an infringement?
Should any other documents be submitted?
Once all documents and security has been provided when will the court make the ruling?

Resource Center

Patent