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¡¡4 THE REQUIREMENTS FOR FILLING A PATENT APPLICATION FOR INVENTION OR FOR UTILITY MODEL IN CHINA
¡¡4 THE REQUIREMENTS FOR FILLING A PATENT APPLICATION FOR DESIGN IN CHINA

THE REQUIREMENTS FOR FILLING A PATENT APPLICATION
FOR INVENTION OR FOR UTILITY MODEL IN CHINA


A instruction letter indicating:
¡¡¡¡¡¡¡ó The type of the application to be applied for, e.g., a patent for invention or a patentfor utility model.
¡¡¡¡¡¡¡ó The name, address and nationality of the applicant and inventor (please also provide their Chinese translations, if any).
¡¡¡¡¡¡¡ó The filing date, country and serial number of the convention patent ¡¡application or patent based on which the priority right to be claimed, if any.

  • A description, claims and an abstract.
  • Drawings (if necessary for describing the invention) and a designated figure attached to abstract.
  • Power of Attorney executed by the applicant, which is neither necessary notarized nor legalized and can be late furnished after filing within the time limit prescribed by the Patent Office.
  • Certified Priority Document, which shall be submitted to the Patent Office within three months from the Chinese filing date otherwise the claim of priority shall be deemed not to have been made.
  • Assignment of Priority Right, either in the original form of it singed before the Chinese filing date or a notarized or certified copy of the original, if the applicant for the Chinese application is different from that recorded in the priority document, which shall be submitted to the Patent Office within 3 months from the Chinese filing date.
  • International publication pamphlet, international preliminary examination report with annex and any amendments. For entry into national phase in China of a PCT international application, international publication pamphlet, international preliminary examination report with annex and any amendments concerned if the applicant would like to bring such amendment into the examiner's consideration during the examination on the application in China.
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THE REQUIREMENTS FOR FILLING A PATENT APPLICATION
FOR DESIGN IN CHINA

A instruction letter indicating:

  • The type of the application to be applied for design.
  • The name, address and nationality of the applicant and inventor (please also provide their Chinese translations, if any).
  • The filing date, country and serial number of the convention patent application or patent based on which the priority right to be claimed, if any.

At least two set of Drawings or photographs of the design; for three-dimensional object, each set of drawings or photographs shall have views at perspective, top plan, front elevational, back elevational, left side elevational, right side elevational, and bottom plan. The size of drawings or photographs of a design submitted shall not be smaller than 3cm x 8cm, nor larger than 15cm x 22cm. Where an application for a patent for design seeking concurrent protection of colors is filed, at least one drawing or photograph in color, and a drawing or photograph in white and black shall be submitted.

  • The name of the product incorporating the design and the class to which that product belongs.
  • Power of Attorney executed by the applicant, which is neither necessary notarized nor¡¡legalized and can be late furnished after filing within the time limit prescribed by the Patent Office.
  • Certified Priority Document, which shall be submitted to the Patent Office within three months from the Chinese filing date otherwise the claim of priority shall be deemed not to have been made.
  • Assignment of Priority Right either in the original form of it singed before the Chinese filing date or a notarized or certified copy of the original, if the applicant for the Chinese application is different from that recorded in the priority document, which shall be submitted to the Patent Office within 3 months from the Chinese filing date.
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