• Invention Patent - 20 years from the filing date.
• Utility Model Patent - 10 years from the filing date.
• Design Patent - 10 years from the filing date.

 
III.  Types of Patents

Invention - novel apparatus or method of achieving a useful task, must show "novelty" and may not be obvious.

New Utility Model - creations or improvements relating to the form, construction, or fitting of an object. In general, the technical requirements are not as high as for an invention patent.

New Design - original designs relating to the shape, pattern, color or a combination thereof of an object.

 
IV.  Conditions Barring Patentability

If any of the following conditions applies, a patent registration will be denied:

• Before filing, an invention or a utility model was published anywhere in the world or put to public use in China.
• A patent has already been granted to the same invention or utility model, and that patent was filed earlier than the current application.
• An invention or a new utility model was displayed in an exhibition; provided that the exhibition was not sponsored or approved by the government.
• An invention or a utility model uses conventional techniques and knowledge available before the application was filed and is thus obvious.

• Before filing for patent registration, the same or a similar design was published anywhere in the world or publicly put to use in China.
• A patent has been previously granted for the same or a similar new design, which was filed earlier than the current application.
• Any design which is obvious to people familiar with the relevant field.

 
V.  Unpatentable Items  

• Scientific discoveries;
  
• Rules and methods for mental activities;
  
• Methods for the diagnosis or for the treatment of diseases;


• Animal and plant varieties, not including the processes used in producing those products;
  
• Substances obtained by means of nuclear transformation.

VI.  Actions to Prevent or Revoke Registration of Patents

• Invalidations - Any time after a patent has been granted registration, usually on grounds of 1) non-obviousness, 2) similarity to another registered patent, 3) lack of applicability by a person skilled in the same field of technology, and 4) claim(s) beyond the scope of the specifications.

VII.  Paths of Appeal

In the event that the Patent Office returns an unfavorable decision on an application or invalidation action, a party may apply for relief from the Patent Re-examination Board. Appeal from the Board may be made to the Beijing First Intermediate Court, and may then be appealed through the court system.


VIII. Assignment and Licensing

A pending application or registered patent may be assigned to another. The assignment must be registered with the Patent Office. The assignment takes effect as of the date of registration. If the assignee is a foreign party, the assignment is subject to the approval of relevant authorities. A patent holder may also license its patent to other parties. A written contract must be recorded within 3 months in order to protect against penalties from the Patent Office.


IX. Protection of Patent Rights

Without the patent holder's consent, no one may manufacture, use, promise to sell, sell or import patented products, or use the patent process and use, promise to sell, sell or import products obtained through the patent process for business purposes. Unauthorized use constitutes patent infringement unless otherwise provided by law. The patent holder may request the Patent Office to impose administrative penalties on the infringer or bring a civil lawsuit against the infringer. Severe patent infringement may be subject to criminal punishment. The damages awarded to the patent holder will be calculated upon the illegal profits of the infringer, actual loss to the rights owner, or based on multiples of appropriate royalties. Fines for infringement are three times the illegal profits, or RMB 50,000 (US $6,000), or less where no profits were earned from the infringement. The patent holder may apply to a competent court for preliminary injunction against ongoing or threatened patent infringement before a lawsuit is initiated. The Statute of Limitations for patent infringement is two years starting from the date the patent holder or interested party knew or should have known of the existence of patent infringement.