How to get patent in china [No Fluff]

Last updated : Sept 27, 2022
Written by : Rudolf Tooke
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How to get patent in china

How much does it cost to get a patent in China?

Cost of Filing Patents for Invention in China The official charge of filing an application is 950 RMB (renminbi) and the attorney fee is 5500 RMB. Filing a PCT application including the publication fee within the stipulated time costs 950 RMB with an additional attorney cost of 6000 RMB.

Can you patent things in China?

Patents in China A patent grants a legal right to patentees for their creations, including inventions, utility models, and designs. According to Article 22 of the Patent Law, inventions and utility models shall be novel, creative and of practical use to having a patent been granted.

How long does it take to get a patent in China?

The average processing time for patent registration procedure in China is 3 years. Inventions may also be protected as Utility Models in China, which are subject to formal examination only. However, conversion of a patent application into a utility model and vice versa is not possible.

Are Chinese patents good?

Most impressively, China surpassed the United States in 2019 to become the top country in international patent applications under the Patent Cooperation Treaty (PCT) administrated by WIPO.

How long does a Chinese patent last?

How long are the terms of protection of Chinese invention patents and utility model patents? The term for invention patents in China is 20 years from the filing date.

How much is a patent worth?

A review of available data shows that, as of 2016, the median price paid for issued U.S. patents was about U.S.$ 225,000, while the average price paid hovered around U.S.$ 360,000.

Which country has highest patent?

In 2020, China had the most patent grants worldwide with 530,127 patents granted to resident and non-resident companies or organizations. The United States followed with 351,993 granted patents the same year.

Is a U.S. patent valid in China?

Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices.

Are Chinese patents valid in US?

U.S. patent law is today enabling foreign corporations, including Chinese corporations, to legitimately take intellectual property developed in the U.S. That is not theft.

How do Chinese protect patents?

  1. Register your IP.
  2. Perform Takedowns on Chinese Websites.
  3. Register with Customs.
  4. Engage a Brand Monitoring Service.
  5. Monitor Chinese TM Filings.

Can patents be granted worldwide?

How can patents be obtained worldwide? At present, you cannot obtain a universal “world patent” or “international patent”. Patents are territorial rights.

Does China have excess claim fees?

According to China's practice of patent examination, the excess claim fee for an application entering China under the Paris Convention is determined based on the number of claims upon filing. The excess claim fee will be charged in a case where there are more than 10 claims.

How can I get a China IP?

  1. Download and Install a VPN. Start by signing up with a VPN service provider that has a Chinese VPN server — we recommend CyberGhost.
  2. Connect to a Server Located in China. Your VPN must have at least one server location in China.
  3. Access Chinese Content.

How do you get funding for a patent?

One way to go about securing funds or grants for patents is by submitting a request for funding to the Small Business Innovation Research office. They have a U.S. Government program intended to help small businesses with their R&D (Research and Development) and offer financial aid in the form of contracts or grants.

Are international patents worth it?

The benefit of worldwide patent protection is that potential buyers of your company may want protection in foreign countries. The downside to worldwide patent protection is the expense. However, cost-effective ways of preserving the right to worldwide protection and getting patents in foreign countries exist.

Does China protect intellectual property?

China has a complete legal system for the protection of intellectual property rights. China's intellectual property law stipulates the legal responsibilities to be borne by anyone who violates the law, including civil liability, criminal liability and exposure to administrative sanctions.

Who is the patent king of the world?

Shunpei Yamazaki — The Guinness Book of World Records currently names Shunpei as having more patents than any other person. He has been granted 2,591 United States utility patents and has 9,700 worldwide patents, which is cumulative of more than 40 years of inventions.

Do patents make money?

A patent which grants ownership of an invention, but it won't pay you. There are a few ways you can generate a profit from your idea. A patent is an important document which grants ownership to an invention. However, simply owning a patent won't generate a dime for the inventor.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

What does a Chinese patent number look like?

to cite the patent number beginning with 'ZL' (the acronym of the Chinese word for patent) followed by a 13-digit number (yyyytnnnnnnn. n) or a 9-digit number(yytnnnnn.

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How to get patent in china

Comment by Latrice Bouman

how to get a patent in china this video is giving you all you need to know about the ways to get a chinese patent and informations on your different options for choosing them hello everyone welcome to chess ip i'm johnny if you want to stop the copycat activities going on in china and you would need a chinese pattern how to get a patterns in china today we're going to mainly talk about four ways you can pick but before that we will give you a few tips about the background of chinese pattern system at the end of a video we will give you a chart to compare the pros and the corns of different measurement before we move on to the specific choices there is three tips need to be pointed out first thing is that there is no such thing called international patent and the people throw their terms around mainly means a person or a company get patents in many different jurisdictions like you run a facility to produce a new type of hammer in the u.s and you mainly sell the hammers to china while you want to prevent the others to steal your creation and obtain the protection in u.s and china so here is what you do you fire u.s application to us ip office to get a u.s patent simultaneously you file chinese application to china ip office to get a chinese patent none of these two patents can cover the worldwide because patents are jurisdiction by jurisdiction different authorities rule their patent application the same creation may get granted in some jurisdictions and be rejected in some other jurisdiction which is quite common second thing is the china we mainly discuss here is equal to mainland china due to the policy reasons the patent system in hong kong macau and taiwan are independent and getting a patent in mainland china won't give you legal monopoly in these regions so if you are seeking for patents protection in this area you need to file applications separately to these local ip office one last thing the patent law of china allowed inventors to apply for three types of patents invention utility mods and the design invention patents is for new measured and the produced things new recipe or new construction improvement which you can understand it as a big pattern duration of protection lasts for 20 years top utility modem pattern is one only for construction improvement which you can understand it as a small pattern generally speaking it's easier to grant a utility pattern compared to granting an invention pattern duration of protection lasts for 10 years let's take the hammer back so if there is something new about the measurement to produce the hammer you only can fire as invention patterns application however if something new is about the constructor of the hammer you can file as invention pattern or as the utility mods pattern design pattern is the same just like the rest of the world technically speaking it's about how specific products looks like and the duration of protection lasts for 15 years well there's a four ways for you to chose to get patent in china the very first one is direct national application to cnipa which references china national intelligence property administration official china ip office in charge of our patents they accept patent applications from companies and different individuals for direct application it is about construction improvement we can chose to file double application in one day which means we file invention patents and the utility mods pattern at the same day the two file could be almost the same well why would you do that you will get a granted the utility mod pattern very soon which is about a six to eight month time and you can claim the rights of utility mods for urgency there even will be accelerated patent examination to speed it up once it's in the progress of china fp office while you are waiting for the examination program of your invention pattern like what we said before invention pattern is a little bit harder than to get granted anyway in the later days when the time comes to granted notice of your invention patterns then your invention patterns would replace the utility mod patterns you already have and you will obtain the 10 more years protection we strongly suggest that you should at least apply for a utility mods patent if you can as i remember the average time is around the sixth month this is the best way for you to get a useful tool to fight for your ride remember copycats movement is very fast for like this product right holders took more than three years to get a patent but copycats only took the market within lower price within one year even before the right holders get an actual pattern to sue this is the true story for another day but we mention it so you can see how valuable the time is the second type is pct application pct references to the patent corporation theme and it is probably the most common and well-known ways to get an international application nowadays pct cover oh almost main regions around the world including china the organization manage the pct application is called wipo which references the word intelligential property organization the pct application is not an actual pattern more like a provisional patent application it will help you to have the time to decide whether or when to enter a membership country of the pct file pct application first and as a international phase them choose to enter china to start the china national phase now typically speaking it will give you 18 months time from when you file pct application of 30 months time from when you fire original priority to start national phase anyway so you came up with the hammer idea and because u.s or the membership of pct you filed pct application to the wipo during time you realized the copycat stuff is going on china which pisses you off so apparently you decide to fight copycats in there so before the time runs out you what what you do is you knock the door of a china ip office says hey i want to take the pct application into actual chinese patent now it will like the normal chinese patent application from there engine china by pct is a double-edged sword it may take several years to get your patent on a tight budget well it surely save you some money but almost double the time usually it's around the four to six years and it can't save a man about to drown one more thing pct does not apply to design pattern and you can only choose as invention pattern or utility patterns once a time you can apply them both the ford name is paris convention for the protection of industrial property chinese government signed as a membership in 1985. as a matter of fact pct is the extension of paris invention but they work very differently in real operation one thing is the paris convention applies to design patents and two unlike pct application the paris convention skipped a part of international phase it starts with the pattern application in a region then flash to b region for example you apply the hammer patterns in us then in the next 12 month time you can apply to china the paris convention about this hammer idea if it's a design pattern the time limit is six months therefore the parrots convention allowe

Thanks for your comment Latrice Bouman, have a nice day.
- Rudolf Tooke, Staff Member

Comment by i2p1evG

hi this is Cort Smith am the founder of Asian ProSource and today I'm going to talk to the little belt patents in China the largest misunderstanding about patents is that there isn't anything called an international patent every country has its own patent system and you have to file a patent in every country that you want to be protected in now there are agencies that will offer a international protection plan or worldwide coverage but that would consist of a filing in every country you're seeking protection in something to be careful of in China is that China is very quick to give patents and sometimes the process to undo them could be costly and timely so at what point do you want to invest into a patent protection in China is probably relevant to the amount of sales and exports are doing from the country and is your product being copied or not in China the most protective patent you might find for yourself in China is a simple design patent this protects the outer shape or whatever you're building the outer line of what the object you make looks like but protect you from another object of a similar industry to not look the same as your shape so a design patent is relatively easy and will offer you a strong protections that no one else could copy your product in China and export a similar-looking product out of the country that'll keep those copycats further away at least you have some leverage on them should it pop up thanks for watching and here at Asian ProSource we welcome you to call us and share your thoughts concerns we'll share our experience back to you for quick tips on how your source can be a better experience please subscribe below

Thanks i2p1evG your participation is very much appreciated
- Rudolf Tooke

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