Procedures

Estimated four (4) to five (5) years for smooth application

• Filing new patent application
• National Phase entry via PCT route within thirty (30) months from the earliest claimed priority date
  OR
• Patent application via Paris Convention route within twelve (12) months from the earliest claimed priority date
• Formality or preliminary examination
• Publication in Invention Patent Gazette (eighteen (18) months after filing date)
• Substantive Examination (request must be filed within three (3) years from the International Filing Date or the earliest priority date)
• Grant of the patent
• Publication in Invention Patent Gazette

Requirements

• Name, nationality and address of the applicant(s) and inventor(s)
  
• Patent specification including description, claims, abstract and drawing(s)
• Power of Attorney
• Priority details (if any)
• Certified copy of Priority Document if priority is claimed
• A copy of the international application (PCT/RO/101) (for PCT route)
• International Search Report (for PCT route)
• Application should be filed in Chinese

Grant & Maintenance

• Grant fees should be paid within two (2) months from the receipt of the Notice of Allowance along with the first annual fee
  
• Patent is valid for twenty (20) years from the filing date
• All subsequent annual fees from the second annuity should be paid in advance before the anniversary of the filing date
• Late payment is possible within a six (6) - month grace period by paying a corresponding surcharge

Remarks*

• Utility Model is available with validity term of ten (10) years from the filing date
  
• Novelty grace period: six (6) months before first priority date or filing date
  

Legal Basis

• Chinese Patent Law
  

Procedures

Estimated six (6) to eight (8) months for smooth application

• Filing new industrial design application
• Paris Convention route to be filed within six (6) months from the earliest claimed priority date
• Preliminary Examination
• Proceed to registration
• Publication

Requirements

• Name, nationality and address of the applicant(s) and designer(s) / author(s)
  
• Representation of the design with respective view(s) to be filed
  
• Title and brief description of the design
  
• Classification of the design in accordance with Locarno Classification
  
• Power of Attorney
  
• Priority details (if any)
• Certified copy of Priority Document (if priority is claimed)

Validity Term & Maintenance

• Industrial design is in force for ten (10) years from the filing date
  
• The first annual fee as well as stamp tax for the design certificate and publication fee are to be paid at design registration
  
• Further annual fees are to be paid in advance, during the month preceding the anniversary of the filing date
  
• Late payment is possible within a six (6) - month grace period by paying a corresponding surcharge
  

Remarks*

• Multiple design application is not available
  
• No novelty grace period
  

Legal Basis

• Chinese Patent Law
  

Requirements

• Application form
• Sample of the work or creation (can be in the form of: printed materials, CD/USB (for software creation) and manual book)
• Name, nationality and address of the applicant(s) and the author(s) or creator(s)
• Type and title and brief descriptions of the copyright
• Information on the first publication or creation of the work
• Proof of identity of the applicant(s)
• Proof of ownership / ownership statement
• Power of Attorney
• Certificate of Registration
• Application should be filed in Chinese

Protection Duration

• Life of the author plus fifty (50) years after the date of death of the author or the last surviving author for a work of joint authorship
  

Remarks*

• Copyright is an automatic protection, which arises immediately when the work is created without registration requirements
  
• Registration of copyright is in voluntary nature but can be recorded for the purpose of evidence of legal ownership
  

Legal Basis

• Copyright law of the People’s Republic of China