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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 utility model.

In smooth condition, it usually takes around 6-8 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 Utility Model Official Fees(CNY) Attorney Fees(CNY)
201 Filing an Application 500 2600
202 Filing a Divisional Application 500 2600
203 Filing a PCT Application for National Phase Entry 500 3000
a) Filing Fee (Including Publication Fee) 900 3000
b) Surcharge for Late National Phase Entry within the Grace Period 1000 2800
204 Additional Charge for Specification Including Drawings
in Excess of 30 Pages, Per Page
in Excess of 300 Pages, Per Page

50
100

-
-
205 Additional Charge for Claims in Excess of 10, Per Claim 150 80
206 Filing Request for Re-examination 300 4000
207 Patent Certificate Fee (Including Printing Fee and Stamp Tax) Annual Fee of Current Year 700
208 Filing Request for Invalidation 1500 4500
209 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
210 Delayed Payment of Annual Fee or Maintenance Fee Within Six Months +25% surcharge 450
211 Conducting the search of Utility Model 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