Patent

patent search in china

Patent Search in China: Unravelling the Complexities of Intellectual Property Protection

Business in China, Patent Attorney in Asia, Patent Lawyer in Asia, Patent Search, Patent Search in Asia
Patent Search in China

Patent Search China

In today’s rapidly evolving technological landscape, the importance of securing and protecting intellectual property rights cannot be overstated. China, with its booming economy and growing reputation as a global innovation powerhouse, has become a focal point for patent and trademark attorneys worldwide. This article will delve into the intricacies of conducting a patent search in China, highlighting the latest developments in the Chinese legal landscape, IP policy, and key strategies for success. With an engaging narrative and captivating storytelling, we will take you through the maze of Chinese intellectual property law, helping you navigate the complexities of patent protection in the world’s most populous nation.

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Recent Development

China’s National Intellectual Property Administration (CNIPA), formerly known as the State Intellectual Property Office (SIPO), has been making significant strides in bolstering its patent and trademark framework. The recent implementation of the Fourth Amendment to the Patent Law has introduced noteworthy changes, with new provisions aimed at strengthening enforcement mechanisms, optimizing IP services, and promoting the commercialization of innovations. This development is a testament to China’s commitment to creating a more robust and transparent IP ecosystem, positioning itself as a key player in the global IP landscape.

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The Patent Search Process

Embarking on a patent search in China requires a thorough understanding of the country’s unique legal framework and a methodical approach to navigating its vast databases. The CNIPA provides online access to its patent databases, allowing users to search for patents, utility models, industrial designs, and trademarks. However, the language barrier and the sheer volume of the available information may prove challenging for those unfamiliar with the Chinese legal and patent systems.

To overcome these hurdles, it is crucial to engage the services of a local patent attorney or a professional patent search firm with in-depth knowledge of the Chinese IP landscape. These professionals can guide you through the process, ensuring that your search is comprehensive and tailored to your specific needs.

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Filing Requirements in China

Chinese is the official language of China. The application must be translated into Chinese at the time of submission; late filing is not an option. The Chinese Intellectual Property Administration must be given the information and application documents for the applicant and inventor to receive a filing date.

Within three months of the filing date, the power of attorney must be presented with a simple signed copy.

Within sixteen months of the earliest priority date, a certified copy of the priority document is required. Chinese translations of the priority document’s title are required.

When submitting a patent application, it is not essential to include the assignment deed between the applicant(s) and inventor(s).

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Examination of a Chinese patent application

In China, formal and substantive exams are performed on patent applications. The request for a substantive examination must be submitted within three years of the filing date or, in the case of priority, the priority date, whichever comes first.

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Novelty grace period

The publication of knowledge regarding an invention within six months of filing in China does not refute its novelty if:

In the event of a national emergency, the disclosure was made in the public interest; It is initially displayed at an international exhibition that the Chinese government sponsored or recognized; – It is first made public at a specified academic or technological forum; it is revealed by anyone without the applicant’s permission.

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Grant, validity term, and how much does a patent search cost?

In China, patents are valid for twenty years after the filing date. At registration, the first annual charge is due. Before the anniversary of the filing date, all ensuing annual fees must be paid in full. Within a grace period of six months, late payments are permitted with a corresponding cost.

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The length of the registration process

In China, the process takes an average of three years to complete.

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Utility Model

Utility model inventions may also be legally protected in China as utility models, which are only subject to official review. A utility model cannot be converted into a patent application, and vice versa. In China, utility models must be given for innovative and useful technical solutions that are appropriate for everyday usage and relate to a product’s design, structure, or combination of these.

In China, a utility model’s maximum patent protection duration is ten years from the date of filing.

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Patent attorney representation

Foreign applicants must use an agent, a Chinese patent attorney registered with the China National Intellectual Property Administration, to conduct patent prosecution in China.

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A Successful IP Strategy in China

Developing a successful IP strategy in China requires a comprehensive understanding of the local market, relevant regulations, and enforcement mechanisms. This includes staying up-to-date on the latest legal developments, such as the recently implemented Fourth Amendment to the Patent Law. Moreover, forging strong relationships with local partners and leveraging their expertise can prove invaluable in navigating the complex Chinese IP landscape.

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In Conclusion

Patent search in China presents a unique set of challenges and opportunities for patent and trademark attorneys. By staying abreast of the latest legal developments and adopting a strategic approach, you can effectively navigate the complexities of Chinese intellectual property protection, safeguarding your valuable assets in this dynamic and growing market. With a captivating narrative and expert insights, this article provides the knowledge and tools necessary for success in Chinese patents and trademarks.

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Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

Patent Process in Singapore

Patent Attorney in Asia

Technology-driven companies in Asia protect their innovations by filing patents in Singapore. Among innovative countries within Asia, South Korea, China, Singapore, and Indonesia are leading from the front. The government bodies within Asia, like Singapore’s GovTech Agency, are constantly working towards innovative products and services that are capable of obtaining patent protection. As an example, Parking.sg mobile app lets users pay, extend and refund parking sessions with their phones, has rapidly replaced paper parking coupons across the city-state of Singapore.

Patent attorneys assist clients in drafting of patent applications that are filed internationally via the Patent Cooperation Treaty mechanism. There are various advantages associated with PCT patent filing, wherein the patent applicants are able to postpone the major costs associated with international patent filings by almost 24 months. Additionally, the PCT patent procedure allows the applicants to develop a strong patent strategy for worldwide patent protection across various countries.

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A patent gives an individual a right to stop others from making, using, or selling the patent invention. So even an individual to get a patent, he might not be able to make a product that he patented. An individual can extend his patent to the borders of the country and stop other people from bringing products they would infringe on his patent. Patents are all about innovation. A utility patent protects the way something works while a design patent protects the way something looks. Utility patents protect the functional features of an invention while the design patent protects the non-functional appearance of an invention. Plant patents are related to a kind of plant which is capable of reproduction.

A patent gives an individual a right to stop others from making, using, or selling the patent invention. So even an individual to get a patent, he might not be able to make a product that he patented. An individual can extend his patent to the borders of the country and stop other people from bringing products they would infringe on his patent. Patents are all about innovation. A utility patent protects the way something works while a design patent protects the way something looks. Utility patents protect the functional features of an invention while the design patent protects the non-functional appearance of an invention. Plant patents are related to a kind of plant which is capable of reproduction.

In the Singaporean context, a patent is a monopoly right given by the government to the owner of innovation that assists him from preventing others from using, copying, or making the invention without his consent in the country in which he has acquired patent protection. A company acquires the ownership of the invention by exchanging the full disclosure of the invention to the government. The patent is granted for 20 years and annual renewable fee payable from the end of the 4th year from the date of filing.

In the Singaporean context, a patent can be a new method of doing things, the composition of a new product, or a technical improvement on how certain objects work. A patentable invention can be a product or process that gives a new technical solution for solving a problem.

For filing a patent, the inventor should keep in mind some important criteria. The invention should not publicly be known in any way, anywhere in the world. Owners of inventions should keep the invention secret until a patent application has been successfully made. If the idea has already been talked about, commercially exploited, advertised, or demonstrated, then the novelty of the invention may be comprised. An individual should safeguard himself when he speaks to investors by requesting them to sign a non-disclosure agreement.

Once a Date of Filing is obtained for the patent application, the invention can claim a “Patent Pending” status, and the applicant can proceed to disclose the invention, as indicated in the patent application to interested parties. As part of the application process, the patent application publishes after 18 months if the statutory requirements are met. Once the patent application is published, details of the invention will be made available for public inspection.

The invention must be something that represents an improvement over any existing product or process already available. The improvement must not be obvious to somebody with technical skills or knowledge in the invention’s particular field. If an invention is new yet obvious to a person skilled in the art, the invention does not fulfil the inventive step requirement. The invention must be useful and should involve some form of practical application. It should be capable of being used in some form of industry.

There are two main criteria that are not a patentable invention even if they satisfy the key criteria for patents. First an invention of any method for the treatment of the human or animal body by surgery or therapy, or of diagnosis. Second, any invention that could encourage offensive, immoral, or anti-social behaviour.

Once an individual registers a patent, apart from using the patents to prevent others from exploiting his invention, he can employ it to raise funds for his business, license it to third parties for commercial returns.

An individual is eligible to register the patent if he is the inventor, employer in which invention made by his employee in his normal course of duties or he is the person who has entered into an agreement with the inventor before making the invention, such that he is entitled to the invention. An individual should file an application for patent protection that can be done through the domestic or international phase by using an international application.

Before filing a patent, an individual who is the inventor has the right to apply for a patent in his name but if the invention had been done at the time when he is employed in a reputed company then the right to apply for the patent belongs to his employer. 

It is not necessary that all ideas can be patented. Patents granted for inventions in two main categories. The first category is a product that may include a chemical compound, a safety helmet, and a vaccine, and the second category is a process that is a method of doing something and it may include a method of mobile payment processing and method of silicon water inspection. 

There should be conduction of a prior art search that assist to detect existing similar developments, and it indicates whether his invention fulfils the new requirements.   

An individual should weigh some factors before patenting an application in Singapore. An applicant should know that patenting an application in Singapore is very expensive because total official fees for patenting application is around S$2,100.

Singapore patent applications take a long time for nearly about 2-4 years for granting a patent. Meanwhile, the applicant has no patent rights to prevent unauthorized infringement.

Before patenting an application in Singapore, an applicant should consider market size, market direction, and the threat of competition. Patents are filed only in those countries where there is a big market size and can manufacture the patented product can be manufactured to deter competition. Also, one should keep in mind that even after the inventor has developed a patentable invention, there will be a possibility that patent applications may be rejected by the Singapore patent office for lacking an inventive step.