China Patent

Introduction to the Chinese Patent System

Patent Registration in China

According to the provisions of the Patent Law of the People’s Republic of China, patents that can be applied for in mainland China are divided into three categories:

  1. Invention Patents
  2. Utility Model Patents
  3. Design Patents

Among them, the validity period of an invention patent can be up to 20 years, while utility model and design patents have a protection period of 15 years. For an invention patent application, it needs to go through substantive examination and meet the requirements of novelty, inventiveness, and practical applicability to be granted patent rights. Generally, utility model and design patents can be granted patent rights after passing the formal examination.

Applying for an Invention Patent

The brief process for applying for an Invention Patent is as follows:

  1. Preparation (if applicable)
  2. Interviewing the inventors and obtaining technical disclosures [Involvement of a patent agent knowledgeable in the relevant technical field to ensure a thorough understanding of the invention]
  3. Drafting the specification
  4. Carefully crafting the claims [Involvement of an experienced patent attorney to ensure reasonable scope of patent protection]
  5. Finalizing the draft
  6. Filing the patent application
  7. Responding to examination opinions (if applicable) [Defense by an experienced patent attorney to maximize the rights of the inventors]
  8. Granting the Invention Patent and issuing the certificate

Note: Additional drafting fees of HKD 10,000 are applicable for writing the Invention Patent.

Applying for a Utility Model Patent

The brief process for applying for a utility model patent is as follows:

  1. Prepare the documentation (if applicable).
  2. Submit the application.
  3. Formal examination.
  4. Respond to corrections (if required)
  5. Grant of the patent.
  6. 1. An additional fee of HKD 10,000 is charged for drafting the utility model patent.
  7. 2. If filing both an invention patent and a utility model patent simultaneously, the drafting fee is only charged once.


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China’s Patent Examination Process for Invention Patents


中國發明專利審查流程

Professional Team

江炳滔律師_專利註冊策略_起訴侵權人_起訴侵犯專利_取得專利生效性_訴訟策略

Mr. Benny Kong (LL.B., P.C.LL)

Senior partner at Benny Kong & Tsai. Member of the Asian Patent Attorneys Association and Vice President of the Hong Kong Patent Agents Association. With over 20 years of patent litigation experience, he specialises in offence, defence and enforcement, and provides cost-effective filing strategies.

蔡永杰律師_專利訴訟_策劃專利_發明的策劃_巴黎公約_專利合作公約_PCT_各國申請專利註冊_訴訟策略

Mr. David Tsai (LL.B., P.C.LL)

Focuses on patent planning via the Paris Convention and PCT so companies can expand country by country cost-effectively. Also handles patent litigation with practical, economical strategies.

陳業勝律師_專利代理人_機械_機電_軟體專利_專利申請及維護

Mr. Chan Yip Shing

Patent agent since 2017, handling machinery, electromechanical and software (incl. business methods) filings and maintenance.

李春榮專利師_中國專利_專利文件_申請事務_專利行政訴訟

Mr. Aron Li

Drafts specifications and handles foreign filings, invalidations, office-action replies, re-examinations and administrative litigation. Covers automation, machining, semiconductors, HVAC, automotive and more.

陳達暢先生_商標和專利註冊申請_歐洲_美國專利_海外註冊

Mr. David Chan

Nearly 40 years in trade mark and patent filings with thousands of cases handled, extending protection to Europe and the US. Formerly 26+ years at a major international firm with a high hearing success rate.

方心怡小姐_知識產權_專利申請_流程管理_申請政府資助_全球專利佈局

Ms. Singing Fang (LL.B., LL.M.)

CUHK law graduate with deep experience in prosecution, docketing and government funding, helping many SMEs fund global portfolios with tailored, value-for-money solutions.

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