Foreign companies can register their Intellectual Property (IP) in China. IP registration is an important primary step to protect your brands, no matter you are in the Chinese market or not. Foreign companies can register their IP in China without Chinese branches. IP in China includes patent (patent for an invention, design patent and utility model patent), trademark and copyright. We cooperate with our cooperated partners in China to help our clients register their IP in China.
Does Chinese law protect my patent?
How much does it cost to apply a patent in China?
How long is the protection period?
IP Registration Authorities and Process
China's patent law protects invention patents, utility models and design patents.
An invention patent means any new technical solution relating to a product, a process or an improvement.
Requirements: novelty, creativity and utility.
Review Period: 3 - 5 year.
Protection Period: 20 years.
Process: Accept - Primary review - Early Publication - Substantial Review - Notification of authorization
A utility model means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.
A design patent means any new design of the shape, pattern, color, or their combination of a product, which creates an aesthetic feeling and is fit for industrial application.
Review Period: 0.5 - 1 year.
Protection Period: 10 years.
Process: Accept - Primary Review - Notification of Authorization
As a foreign technical owner, there are 3 ways of getting a patent in China:
1. If you have filed an invention patent or utility model application in any member state within EU, within 12 months, you can file that patent application in China. Design patents should be filed to Chinese authority within 6 months.
2. If you file a patent application under the Patent Cooperation Treaty (PCT), you can select China as one of the designated states. PCT can be done in Europa Patent Office (EPO) or any patent authority of an EU member state.
3. If you file a patent application directly to Chinese authority, you must find a local patent agency to handle your patent application cases.
Chinese patent authority: State Intellectual Property Office (SIPO)
A trademark is a sign that serves the specific and primary purpose of identifying the goods or services of a producer, thus allowing the consumers to distinguish goods or services of one producer from those of another.
Filing a trademark in China is important because only registered trademark can be protected in China. Filing your trademark is the prerequisite step of asking help from General Administration of Customs.
Authorities: Trademark Office (TMO), General Administration of Customs (GAC)
Application Review: 13 months
Protection Period: 10 years (can be extended without limitation of times)
Process: Accept - Primary review - Substantial Review - Early Publication - trademark appraisal
Copyright is a form of intellectual property that protects a creator’s exclusive right to control who reproduces or alters the product of their original creative effort.
Authority: Copyright Protection centre of China (CPCC)