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Types of Patent |
1. Invention Patent
2. Utility Model
3. Design |
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Required Information |
Applicant's name, nationality, address and representative; inventor's name and nationality; priority country, date and number. |
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Required Documents |
1.Invention
- Foreign language (e.g. English/Japanese) Specification (including
Abstract and Claims), plus any necessary Drawings
Utility Model - Foreign language (e.g. English/Japanese) Specification (including Abstract and Claims) and Drawings
Design - Foreign language (e.g. English/Japanese) Specification and Drawings
2.Chinese Specification and Drawings*
3.Power of Attorney*
4.Priority document **
*can be filed within 4 months from the filing date (extensible to 6 months maximum)
**can be filed within 16 months for invention/utility model or 10
months for design from the earliest priority date (non-extensible)
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Examination |
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Invention Patent |
Request for examination (can be filed at the same time of filing or within 3 year from the filing date) |
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Utility Model |
Formality examination |
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Design |
Automatic examination |
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Examination Period |
Invention
- about 12 to 24 months depending on the technical field of the patent
application. If necessary, AEP or PPH request can be filed to expedite
the examination
Utility Model – about 6 months
Design – about 6 to 10 months |
Publication Period |
Nil |
Opposition |
Nil |
Invalidation |
After the issuance of the Letters Patent |
Patent Marking |
Required |
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Term of Patent |
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Invention Patent |
Starting from the publication date, valid for 20 years from the filing date |
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Utility Model |
Starting from the publication date, valid for 10 years from the filing date |
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Design |
Starting from the publication date, valid for 15 years from the filing date |
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Annuity Payment |
To
be paid only for allowed application and granted patent due on each
anniversary of the publication date, with a normal grace period of six
months if the annuity is not paid by the due date. If the patentee has
unintentionally failed to pay a patent annuity within a normal grace
period, the patentee may apply for reinstatement of the patent rights
within one year from the due date of the normal grace period by paying
triple the amount of patent annuity.
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