Patent Filing in China

Patent applications in China are drafted and filed by Patent Agents in China, providing effective solutions for patent filings in China by setting up and running patent law offices in China. Patent attorneys in China assist clients in registration and enforcement of patents via an efficient global network.

Patent Law in China

Patent law encourages scientific research, new technology as well as industrial progress for public good. The exclusive privileges to own, use or sell the method or the product patented is granted for a limited period of time, which stimulates new inventions of commercial utility. The cost of the grant of the domination is the disclosure of the invention at the Patent Office, which after the expiry of the fixed period of the monopoly, passes into the public domain.

Comparison of the Indian Patent Law with the Patent Laws in the Asia Pacific Regions

patent agent lawyer law firm in China

Patent Law in India vs. Patent Law in China

Governing Laws

China and India amended their patent laws to fulfil the obligation of TRIPS agreement. India in 2005 and China in 2008 made their Patent Acts TRIPS compliant. The current governing laws for Patents in India is Patents Act, 1970; as amended in 1999, 2002 and 2005 read with the Patents Rules, 2003; as amended in 2005, 2006, 2012 and 2014 whereas the governing law for Patents in China is Patent Law of the PRC, 1984; as amended in 1992, 2000 and 2008 read with Implementing Regulations of the Patent Law of the PRC, 2001; as amended in 2002 and 2010.

Patentable Subject Matter in China

Criteria of Patentability in China

Subject matter eligible for patent grant and conditions of patentability in China are inventions in the form of new technical solution or improvement to a product/process which is granted by the Chinese Patent Law Regulator, i.e., the National People’s Congress, whereas in India new product or process involving an inventive step and capable of novelty and industrial application can be patented which is granted by the Indian Patent Law Regulators, i.e., The Patent Office or the Intellectual Property Appellate Board (IPAB).

Patent Filing in China

All the countries provide option of e-filing and filing of patent application in print copy at the appropriate patent office or its branches. To facilitate patent filing, China has established representative offices of SIPO at all state capitals and district headquarters, where a Chinese citizen can file his/ her patent application.

In India, while filing for patent, the applicant may file a provisional application, i.e. the summary of the invention and is filed to protect the invention at its early stage. The complete application has to be filed within a period of 12 months from the date of filing of the provisional application or else the application will be considered to be abandoned. But in China, there is no option to file for a provisional application. The applicant is bound to file the complete application at once.

Patent Prosecution in China

The most important steps during patent prosecution viz. patent filing, publication, examination, opposition and patent grant/rejection are pursued across the world. In India, the patent prosecution consists of only a single phase comprising of several steps. However, in China patent prosecution is divided into two distinct stages viz. formalities/preliminary examination stage and substantive examination stage, wherein a patent application can enter in the substantive examination stage only when it first passes the formalities/preliminary examination stage.

Patent laws in China provide various procedures to speed up the patent examination, whereas, no such options are currently available in India. India is also currently not a member of Patent Prosecution Highway (PPH), to which China is a member of. The Draft Patent (Amendment) Rules, 2015 has projected to add the provision for expedited patent examination in India.

In China, in the case of patent refusal the applicant can still recommence prosecution with the patent office through continued examination/ re-examination, and evade losing the priority date of the application, whereas in India such option is not provided.

Duty to Disclose Information Regarding Foreign Applications

Foreign Applications in China

In China, the applicants are required to disclose information regarding equivalent foreign patent applications. However, regulations in India in this context seem to be much more severe and hard to comply with. SIPO requires only the copies of priority search/ examination reports to be submitted. Whereas, in India as per the Section 8, the applicant is required to submit “detailed particulars” related to equivalent foreign application at the Indian Patent Office, irrespective of whether such information is material to patentability or not. In China failure to comply with this provision is not a ground of patent revocation after the patent grant. Whereas, in India for patent revocation under Section 64 of the Patents Act, 1970 the same can be considered as a valid ground. High Court of India has provided an important clarification that any unintentional omission of the information by the applicant shall not be treated as violation of this provision.

Patent Opposition in China

Pre-grant Opposition in China

China follows Ex-parte (by or for one party) pre-issuance submissions at the pre-grant stage, whereas, India has approved an Inter-partes (between the parties) pre-grant opposition procedure. No fee, estoppel provision and threshold to establish the proceeding are applicable at pre-grant stage in both the countries.

Post-grant Opposition in China

At post-grant stage both countries, China and India, follows Inter partes (between the parties) post-grant opposition.

Compulsory Licensing in China

Both China and India have adopted compulsory license provisions based on the justifications specified under Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. China has prescribed thorough guidelines on compulsory license. No analogous guidelines are available currently in India.

Reporting of Working of Patents in India

Patent law in India mandates each patentee and licensee of the patent to submit each year, information about the coverage to which the patented invention has been worked on a commercial scale in India. This information is to be put forward in accordance with Form-27. Many faults however, have been observed in the format of the Form-27. Patentee who fails to abide with this requirement is legally responsible for penalty. Requirement for reporting of working of patents is not prescribed in China.

Specialized Intellectual Property / Patent Courts in China

Specific courts for Intellectual Property/Patent have been set up in China for patent litigation matters relating to patent enforcement and patent infringement. Whereas, in India at present there are no such types of courts that are established for specifically adjudicating matter related with Intellectual Property rights. Newly created Commercial Courts in India will handle Intellectual Property disputes worth less than 1,00,00,000/.

We have personally managed and delivered comprehensive execution of patent projects in Asian markets, including:

(a) Reviewing invention disclosures meant for patent filings and prepared patent eligibility reports determining if invention is patentable (New; Inventive; Useful; and practical application)

(b) Drafting and managing domestic and international patent registrations

(c) Conducting product clearance studies and preparing Freedom to Operate Opinion with FTO reports

(d) Patent Investigation and Patent Searching services 

(e) Patent Claim Mapping to determine patent infringement by comparing infringing products with patent claims

(f) Assisted corporations and universities to manage all aspects of patent portfolio of various business units

(g) Working with clients to formulate internal policies and practices for invention harvesting

(h) Drafting and worldwide prosecution of patent applications

(i) Patent opposition and oral proceedings

(j) Evaluating and mitigating patent risks

(k) Monitoring technology development and competitors’ activities

(l) Advised inventors worldwide to draft, file and prosecute patent applications by providing comprehensive advice on issues of patent infringement, patentability, prior art searches, and patent licensing related transactions

We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services.

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 filingspatent 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.

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Business in India

India is characterized by consistent growth performance and abundant highly skilled manpower that provides enormous opportunities for investments. India is the largest democracy and tenth largest economy in the world. India has a federal system of Government with clear demarcation of powers between the Central Government and the State Governments. India provides a liberal, attractive, and investor friendly investment climate.

India has the most liberal and transparent policies on foreign direct investment (FDI) among major economies of the world, wherein 100% FDI is allowed under the automatic route in all sectors/activities except in few areas, which require prior approval. Under automatic route, investors are required to only notify the Reserve Bank of India within 30 days of receipt of inward remittances. India has undergone a paradigm shift owing to its competitive stand in the world.

The Indian economy is on a robust growth trajectory and boasts of a stable annual growth rate, rising foreign exchange reserves and booming capital markets among others. According to Ministry of Statistics and Programme Implementation (MOSPI), Indian economy is estimated to grow at 6.9 percent in 2011-12 as compared to the growth rate of 8.4 percent in 2010-11.These GDP figures are based at factor cost at constant (2004-05) prices in the year 2011-12.

The growth rate of 6.9 per cent in GDP during 2011-12 has been due to the growth rates of over 8 per cent in the sectors of electricity, gas and water supply, trade, hotels, transport and communication, and financing, insurance, real estate and business services. We assist our clients in developing their business strategy for setting up and running their business successfully within India. Our team provides valuable consultancy to our clients regarding all major Asian jurisdictions, ranging from detailed Investment Guidance, Legal Consultancy, Taxation, Labor laws and the like.

We have been actively involved with the creation, development and implementation of IP strategies for new, developing and mature businesses in India. We provide business and management consultancy services to our clients helping them in the key business areas aimed at maintaining strong market position and identifying competitive challenges by providing perfect combination of a localized approach while maintaining international quality standards.

We act as single point of contact for multiple aspects of business by providing research and consultancy services including Competitive Intelligence Services, Analyzing Competitive Climate of Various Markets, Major Market Players, Trends and Changes in Market Structure, Market Entry Feasibility Study, Mergers & Acquisitions (M&A) Services, Strategic Investment Guidance, Business Forecasting, and the like. Additionally, we provide business consultancy regarding laws in India for companies who either plan to enter India or already conduct business in India, including, Patent Filing Strategies with Indian Patent Office, Patentability Searches, Provisional & Non-provisional patent drafting, Office Action Responses, Patent Prosecution Support, Freedom-to-operate Searches, Patent Invalidation Analysis, Patent Claim Charts, Patent Portfolio Assessment, Strategic Patent Counseling, Mergers & Acquisitions, Incorporating a Legal Entity in India, Conducting business through branches, joint ventures and subsidiaries, impact of product liability laws, impact of labor and employment laws, General income tax issues, and the like.

We provide technical consulting and guidance to our clients ranging from start-up ventures to large corporations in a wide range of technical matters, including new methods or processes, machines and mechanical devices, circuits, tools, structures, chemical and biological compositions (pharmaceuticals, DNA sequences, biological materials etc.), genetically engineered plants and animals, computer programs, mobile applications (apps), and business methods.

We provide individuals, start ups and businesses with patent filing, patent protection, patent advice, patent services, invention filing, invention protection, invention services, invention advice, copyright filing, copyright protection, trademark filing and trademark protection before Indian Patent and Trademark Office.

Business in Malaysia

Malaysia is a vibrant economy which has resulted from decades of careful planning and hard work. In Malaysia, prosperity is enjoyed by a large percentage of its citizen and with its flourishing economy, running business in this country can be extremely rewarding.

With regards to setting up a new business in Malaysia, various types of business models can be used, such as, for example, Sole Proprietorship, Company (Private Limited Company, Public Limited Company or Branch of a Foreign Company), Partnership, Unincorporated Association, Representative and Regional Office, Operational Headquarter (OHQ), International Procurement Centre (IPC), and Regional Distribution Centre (RDC). All companies in Malaysia are governed by the Companies Act 1965.

With regards of protection of intellectual property rights (IPR), Malaysian intellectual property regime offers various types of protection, including copyrights, trademarks, designs, patents and layout designs of integrated circuits in compliance with Malaysia’s obligation as a signatory to the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). Malaysia is a signatory to the World Intellectual Property Organization, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic works, as well as the Patent Cooperation Treaty. The Intellectual Property Corporation of Malaysia (MyIPO) is a statutory body established to assist in the administration and enforcement of intellectual property laws and issues or matters relating to intellectual property.

We assist our clients in developing their business strategy for setting up and running their business successfully within Malaysia. Our team provides valuable consultancy to our clients regarding all major Asian jurisdictions, ranging from detailed Investment Guidance, Legal Consultancy, Taxation, Labor laws and the like.

We provide business and management consultancy services to our clients helping them in the key business areas aimed at maintaining strong market position and identifying competitive challenges by providing perfect combination of a localized approach while maintaining international quality standards.

We act as single point of contact for multiple aspects of business by providing research and consultancy services including Competitive Intelligence Services, Analyzing Competitive Climate of Various Markets, Major Market Players, Trends and Changes in Market Structure, Market Entry Feasibility Study, Mergers & Acquisitions (M&A) Services, Strategic Investment Guidance, Business Forecasting, and the like.

Additionally, we provide business consultancy regarding laws in Malaysia for companies who either plan to enter Malaysia or already conduct business in Malaysia, including, Patent Filing Strategies with Malaysia Patent Office, Patentability Searches, Provisional & Non-provisional patent drafting, Office Action Responses, Patent Prosecution Support, Freedom-to-operate Searches, Patent Invalidation Analysis, Patent Claim Charts, Patent Portfolio Assessment, Strategic Patent Counseling, Mergers & Acquisitions, Incorporating a Legal Entity in Malaysia, Conducting business through branches, joint ventures and subsidiaries, impact of product liability laws, impact of labor and employment laws, General income tax issues, and the like.

We provide technical consulting and guidance to our clients ranging from start-up ventures to large corporations in a wide range of technical matters, including new methods or processes, machines and mechanical devices, circuits, tools, structures, chemical and biological compositions (pharmaceuticals, DNA sequences, biological materials etc.), genetically engineered plants and animals, computer programs, mobile applications (apps), and business methods.

We provide individuals, startups and businesses with patent filing, patent protection, patent advice, patent services, invention filing, invention protection, invention services, invention advice, copyright filing, copyright protection, trademark filing and trademark protection before Indian Patent and Trademark Office and Intellectual Property Corporation of Malaysia (MyIPO) through our patent agent associates registered with MYIPO.

Business in Singapore

Singapore offers tremendous opportunities to the international business community, which considers Singapore as the perfect location to setup their company and launch their business. Singapore is rated no. 1 in the world by World Bank for ease of doing business and is ranked among the top wealthiest nations in the world by Forbes magazine. Politically, Singapore is rated as the most stable country in Asia and has the best labor force in the world. Another major advantage of doing business in Singapore is its convenient location. Singapore is situated in the heart of Southeast Asia, thus making it possible to access a market of 2.8 billion people within a few hours flight. Additionally, Singapore’s port is one of the busiest in the world, and the country is classified as a premier International Maritime Centre.

Singapore is termed as the easiest place in the world to set up and manage a business, and it only takes about a couple days to incorporate a company in Singapore. Singapore offers another important advantage to entrepreneurs and corporations because of its low effective tax rates, for both personal and corporate. It is strongly believed that Singapore may become the next Silicon Valley, and hence protection of Intellectual Property Rights (IPR) is given utmost importance in this country.

We assist our clients in developing their business strategy for setting up and running their business successfully within Singapore. Our team provides valuable consultancy to our clients regarding all major Asian jurisdictions, ranging from detailed Investment Guidance, Legal Consultancy, Taxation, Labor laws and the like.

We provide business and management consultancy services to our clients helping them in the key business areas aimed at maintaining strong market position and identifying competitive challenges by providing perfect combination of a localized approach while maintaining international quality standards. We act as single point of contact for multiple aspects of business by providing research and consultancy services including Competitive Intelligence Services, Analyzing Competitive Climate of Various Markets, Major Market Players, Trends and Changes in Market Structure, Market Entry Feasibility Study, Mergers & Acquisitions (M&A) Services, Strategic Investment Guidance, Business Forecasting, and the like.

Additionally, we provide business consultancy regarding laws in Singapore for companies who either plan to enter Singapore or already conduct business in Singapore, including, Patent Filing Strategies with Singapore Patent Office, Patentability Searches, Provisional & Non-provisional patent drafting, Office Action Responses, Patent Prosecution Support, Freedom-to-operate Searches, Patent Invalidation Analysis, Patent Claim Charts, Patent Portfolio Assessment, Strategic Patent Counseling, Mergers & Acquisitions, Incorporating a Legal Entity in Singapore, Conducting business through branches, joint ventures and subsidiaries, impact of product liability laws, impact of labor and employment laws, General income tax issues, and the like.

We provide technical consulting and guidance to our clients ranging from start-up ventures to large corporations in a wide range of technical matters, including new methods or processes, machines and mechanical devices, circuits, tools, structures, chemical and biological compositions (pharmaceuticals, DNA sequences, biological materials etc.), genetically engineered plants and animals, computer programs, mobile applications (apps), and business methods.

We provide individuals, startups and businesses with patent filing, patent protection, patent advice, patent services, invention filing, invention protection, invention services, invention advice, copyright filing, copyright protection, trademark filing and trademark protection before Indian Patent and Trademark Office.

Business in Europe

We assist our clients in developing their business strategy for setting up and running their business successfully within Europe. Our team provides valuable consultancy to our clients regarding 15 major European jurisdictions, ranging from detailed Investment Guidance, Legal Consultancy, Taxation, Labor laws and the like.

We provide business and management consultancy services to our clients helping them in the key business areas aimed at maintaining strong market position and identifying competitive challenges by providing perfect combination of a localized approach while maintaining international quality standards.

We act as single point of contact for multiple aspects of business by providing research and consultancy services including Competitive Intelligence Services, Analyzing Competitive Climate of Various Markets, Major Market Players, Trends and Changes in Market Structure, Market Entry Feasibility Study, Mergers & Acquisitions (M&A) Services, Strategic Investment Guidance, Business Forecasting, and the like.

Additionally, we provide business consultancy regarding laws in Europe for companies who either plan to enter Europe or already conduct business in Europe, including, Patent Filing Strategies with European Patent Office (EPO), Patentability Searches, Provisional & Non-provisional patent drafting, Office Action Responses, Patent Prosecution Support, Freedom-to-operate Searches, Patent Invalidation Analysis, Patent Claim Charts, Patent Portfolio Assessment, Strategic Patent Counseling, Mergers & Acquisitions, Incorporating a Legal Entity in Europe, Conducting business through branches, joint ventures and subsidiaries, impact of product liability laws, impact of labor and employment laws, General income tax issues, and the like.

We provide technical consulting and guidance to our clients ranging from start-up ventures to large corporations in a wide range of technical matters, including new methods or processes, machines and mechanical devices, circuits, tools, structures, chemical and biological compositions (pharmaceuticals, DNA sequences, biological materials etc.), genetically engineered plants and animals, computer programs, mobile applications (apps), and business methods.

We provide individuals, startups and businesses with patent filing, patent protection, patent advice, patent services, invention filing, invention protection, invention services, invention advice, copyright filing, copyright protection, trademark filing and trademark protection before Indian Patent and Trademark Office.

Business in Canada

Canada is a G7-leading economy and Canada’s business climate nurtures innovation and enhances economic growth. We provide a wide variety of business services for entrepreneurs, small and medium sized businesses, professional offices and institutions who are interested in doing business in Canada.

We provide business consultancy regarding laws in Canada for companies who either plan to enter Canada or already conduct business in Canada, including, Patent Filing Strategies, Patentability Searches CIPO, Provisional & Non-provisional patent drafting, Office Action Responses, Patent Prosecution Support, Freedom-to-operate Searches, Patent Invalidation Analysis, Patent Claim Charts, Patent Portfolio Assessment, Strategic Patent Counseling, Mergers & Acquisitions, Incorporating a Legal Entity in Canada, Conducting business through branches, joint ventures and subsidiaries, impact of product liability laws, impact of labor and employment laws, General income tax issues, and the like.

We also assist our clients in providing business consultancy regarding investment in Canada by providing customized services, including, Strategic Market Intelligence, Information and advisory regarding setting up a business in Canada, Taxation & Immigration Advisory, and the like.

We provide technical consulting and guidance to our clients ranging from start-up ventures to large corporations in a wide range of technical matters, including new methods or processes, machines and mechanical devices, circuits, tools, structures, chemical and biological compositions (pharmaceuticals, DNA sequences, biological materials etc.), genetically engineered plants and animals, computer programs, mobile applications (apps), and business methods.

We provide individuals, startups and businesses with patent filing, patent protection, patent advice, patent services, invention filing, invention protection, invention services, invention advice, copyright filing, copyright protection, trademark filing and trademark protection before Indian Patent and Trademark Office.

Business in United States

We provide consultancy regarding US laws for companies who either plan to enter the US market or already conduct business in the United States, including, USPTO Patent Filing Strategies, Patentability Searches, Provisional & Non-provisional patent drafting, USPTO Office Action Responses, Freedom-to-operate Searches, Patent Invalidation Analysis, Patent Claim Charts, Patent Portfolio Assessment, Strategic Patent Counseling, Mergers & Acquisitions of US businesses, Incorporating a Legal Entity in US, Conducting business through branches, joint ventures and subsidiaries, impact of product liability laws, impact of labor and employment laws, General income tax issues, and the like. We provide technical consulting and guidance to our clients ranging from start-up ventures to large corporations in a wide range of technical matters, including new methods or processes, machines and mechanical devices, circuits, tools, structures, chemical and biological compositions (pharmaceuticals, DNA sequences, biological materials etc.), genetically engineered plants and animals, computer programs, mobile applications (apps), and business methods.