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Patent for Invention
1. A form of request
2. A description
3. Claims
4. Drawings (or photographs)
5. An abstract
6. A letter of Assignment (if applicable)
7. A Power of Attorney (if applicable)
8. Deposition certificate for micro-organisms(if applicable)
9. Certified priority documents (or PCT documents, if priority right is claimed)
Under the Patent Law of the P.R. China, if a patent agency is entrusted (which is a must for overseas applicants) to handle the concerned patent application matters, a Power of Attorney (or General Power of Attorney) signed by the applicant is required for submission together with the application (or within three months from the date of filing ).
While entrusting a patent agency for application, an order letter to the agent is required including such information as the name and address of the applicant and the inventor in both his/her mother tongue language and English. (e.g. Japanese and English, or Korean and English, or Chinese and English, etc.)
If right of priority is claimed, such information shall also be included as the date and the number of priority and the name of the country in which the application has been first filed.
The time needed for the application for patent for invention ranges from 3 to 4 years from the date of filing to the date of patent grant (provided the request for substantive examination is submitted at the time of filing).
The period of patent for inventions is 20 years, counted from the date of filing.
Patent for Utility Model
1. A form of request
2. A description
3. Claims
4. Drawings (or photographs)
5. An abstract
6. A letter of assignment (if applicable)
7. A Power of Attorney (if applicable)
8. Certified priority documents(or PCT documents, if priority right is claimed).
A power of attorney and an order letter are required for submission from the applicant if a patent agent is entrusted for the application. The time needed for the application for patent for utility model is estimated from 1 to 2 years as there is no substantive examination required.
The period of patent for utility models is 10 years, counted from the date of filing
Patent for Industrial Design
1. A form of request
2. Two sets of drawings (either photographs or drawings)
3. A brief description (if applicable)
4. A letter of Assignment (if applicable)
5. Certified documents for right of priority (if priority right is claimed)
In addition, the required drawings should include drawings from the front, from the rear, from the above, from the below, from the left and from the right respectively. A 3-D drawing is preferably required. The dimension of the drawing is at its maximum (15x 22cm ) and minimum (3x 8cm ).
A power of attorney and an order letter are required for submission from the applicant if a patent agent is entrusted for the application. The time needed for patent for design is around 6 to 12 months. The period of patent for designs is 10 years, counted from the date of filing.
Trademark Application for Registration
1. A form of request for trademark registration (including the applicant's name both in Chinese and English address, goods/services class according to the International Classification of Goods and Services for the Purposes of the Registration of Marks , and a list of designated goods/services intended for coverage etc.)
2. A Power of Attorney (signed by the applicant for trademark application)
3. Six copies of trademark samples (either colored or non-colored) plus 1 copy in black and white in sizes between maximum (10x 10cm ) and minimum (5x 5cm )
4. In case priority is claimed, certified documents must be produced. If designated goods are medication for human use, certificates for manufacturing/operation from the health administrative authority must be produced.
The processing time for a trademark registration application needs approximately 15 to 18 months from the date of filing to the date when the right granted.
Once the trademark is successfully registered, its validity period extends to 10 years. Six months before its expiry date, the mark can be renewed for another 10 years. There are no times limit for a trademark renewal.
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