The laws and regulations governing patents in China require novelty, creativity and practicality for the inventions and utility models applying for patents. The appearance designs shall not be the same as or similar to those that have publicly published on publications in China or overseas or publicly used in China before the application date.
Foreigners, foreign corporations or other foreign organizations without habitual residence or place of business applying for patent in China must appoint a patent agent to carry out the application.
Types of Application
- Invention Patent: products, methods or new technical plans proposed for its improvement
- Utility Model Patent: the shape or the structure of the product or the proposed applicable new technical plans developed from the combination of both
- Design Patent: the shape, pattern, color of the product, or the new design which is applicable and may arouse aesthetic sensibilities developed form the combination of them.
A patent applicant may enjoy the right of priority, in accordance with any agreement entered into between an oversea country and China or an international treaty under which both of them are parties, for a period of twelve months (six months for Registration of Patent for Appearance Design) immediately from the date on which the initial patent application for the same invention or a utility model was made and such patent application was also made in China.