China Flashcards
What are the types of patents and their terms?
Standard patent - 20 year term
Utility model - 10 year term
Design patent - 10 year term
Is there a grace period?
6 months ONLY for disclosure during national emergencies or an extraordinary state of affairs.
Otherwise no grace period.
However, 6 months grace (from priority) is given for abusive disclosures, a disclosure at an international exhibition recognised by the Chinese government, or a disclosure at an academic or technological meeting organised by the Chinese government.
What is the examination process?
Substantive examination must be requested within 3 years of priority.
The applicant will have four months to respond to the first office action, and two months for every office action thereafter. These deadlines are extendable by 2 months on payment of a fee.
Chinese examiners use the EPO’s problem-solution approach.
Issue fee must be paid within two months of notice of allowance.
Are there excess claim fees?
Excess claim fees due for claims over 10.
When are renewal fees due?
First fee due within two months of grant.
Subsequent fees are due on each anniversary of filing thereafter.
What other fees are there and when are they due?
Filing fees, additional page fees for each sheet over 30, excess claim fees, priority fee and fee for publication must all be paid within two months of filing.
There is a small entity reduction available.
Is there a national security first filing obligation?
Chinese first filing is required where the application is relevant to national security. It must undergo a secrecy review before foreign filings are allowed. A secrecy review needs to be requested - it won’t happen automatically.
Explain the rules on priority declarations.
The priority declaration must be made on filing, giving the date and country of each claimed priority application. A certified copy of the priority documents must be filed within 3 months.
Are business methods, computer programs and methods of treatment patentable?
Business methods are, the others are not.
Are MDNs allowed?
No.
30 or 31 months for national phase entry?
This is extendable by 2 months with a fee.
What must be done on national phase entry?
The national application fee, publication fee, and a translation must be filed (the translation can be filed 2 months late).
Excess claim fees are also due on NP entry. The fees are based on the PCT claims - you can’t reduce the fee by filing an amended claim set with only 10 claims.
Are utility models available from a PCT?
Yes.
Summarise examination of utility models.
Formal examination only (including checking whether fees are paid) which also checks for unity and makes sure the subject matter is not obviously unpatentable. If it all checks out, the applicant is invited the pay the issue fee within 2 months.
However, anyone can request substantive examination after the utility model has granted.
Can a utility model be converted into a patent and vice versa?
No.
