FAQ about China
What types of industrial property rights exist in China?
In China, industrial property rights include "patents for invention", "patents for utility model", "patents for design" and trade marks.
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What is the term of a Chinese "patent for invention" and a Chinese "patent for utility model"?
The term for a "patent for invention" is 20 years from the filing date in China; the term for a "patent for utility model" is 10 years from the filing date in China.
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Are Chinese patents for invention and patents for utility model subjected to substantive examination?
Patents for invention are substantively examined (novelty, inventive step and industrial applicability).
Patents for utility model do not undergo a substantive examination but only a preliminary examination (compliance with formal requirements). However, in invalidation procedures the requirements of novelty, inventive step and industrial applicability will be determined.
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How soon after filing an application must a request for examination be filed in China?
A request for examination has to be submitted within three years of the filing date or, if priority is claimed, within three years of the priority date.
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How can one challenge a granted patent in China?
The opposition system was abolished in China in 2001and only invalidation procedures can be used to challenge a granted patent. Trial for invalidation can be filed at any time (during the lifetime of the patent).
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Where can I find information on patent attorneys in China?
The "All-China Patent Agents Association (ACPAA)" at:  http://www.acpaa.cn/e_default.htm offers information in English on laws and regulations, names and addresses of Chinese patent agents as well as a schedule of agents' fees.
You can also find a list of patent attorneys (with names and full contact details) entitled to represent foreign applicants on the Chinese Patent Office website at: http://www.sipo.gov.cn/sipo_English/zlsq/rhsqzl/t20020418_34053.htm
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Is there an alternative website to the SIPO homepage where I can search for Chinese patents?
In addition to the official homepage of the Chinese Patent Office (SIPO) at http://www.sipo.gov.cn/sipo_English/default.htm, there is another recommended website at: www.cnpat.com.cn/. On this page, clicking on the red link "China patent abstract database" in the top part of the screen will bring you to an English search mask giving you access to English abstracts and the full texts of Chinese patent documents. In addition, bibliographic data on Chinese utility models as well as the corresponding full texts can be retrieved here.
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