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Abstract
In chinese Law, "invention-creations" mean inventions, utility models and designs.
"Invention" means any new technical solution relating to a product, a process or improvement thereof.
"Utility model" means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.
"Design" means any new design of the shape, the pattern or their combination, or the combination of the colors with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.
Procedure
(1)Paper receipt will be received in 1-2 weeks after filing application;
(2)Preliminary examination;
(3)Issue the certificate of patent for design..
In smooth condition, it usually takes around 4-6 mouths to issue the certification.
Patentability
Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability.
Novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications in the country or abroad or has been publicly used or made known to the public by any other means in the country, nor has any other person filed previously with the Patent Administration Department Under the State Council an application which described the identical invention or utility mode1 and was published after the said date of filing.
Inventiveness means that, as compared with the technology existing before the date of filing, the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress.
Practical applicability means that the invention or utility model can be made or used and can produce effective results.
Schedule
Patents for Design | Official Fees(CNY) | Attorney Fees(CNY) | |
301 | Filing an Application | 500 | 1800 |
302 | Filing a Divisional Application | 500 | 1800 |
303 | Filing Request for Re-examination | 300 | 2600 |
304 | Patent Certificate Fee (Including Printing Fee and Stamp Tax) | Annual Fee of Current Year | 700 |
305 | Filing Request for Invalidation | 1500 | 4500 |
306 | Annual Fees Per Annual | ||
1st to 3rd year | 600 | 450 | |
4th to 5th year | 900 | 540 | |
6th to 8th year | 1200 | 630 | |
9th to 10th year | 2000 | 720 | |
307 | Delayed Payment of Annual Fee or Maintenance Fee Within Six Months | +25% surcharge | 450 |
308 | Conducting the search of Design | 2400 | 1000 |
Fees in General | Official Fees(CNY) | Attorney Fees(CNY) | |
401 | Registration of Change of Bibliographic Data for Inventor, Applicant | 200 | 700 |
402 |
Claiming Priority a) Claiming Single Conventional Priority b) Additional Charge for Each Additional Priority |
80 80 |
540 360 |
403 | Recording a Transfer of a Patent Right | 200 | 1200 |
404 |
Translation Fee (Per 100 Original Words or Characters) a) From English into Chinese b) From Japanese into Chinese c) From German, Russian or French into Chinese |
- - - |
140 100 200 |
405 | Preparing observation on the office action | - | Hourly basis |
406 | Assuming representation during re-examination or invalidation | - | Hourly basis |