Patent Filing in China
China is one of the contracting states of the PCT, you can either apply your patent trough the PCT system with a National Phase Entry or you can apply directly as a local filing. Below you will find information on both methods.
Obtaining worldwide patent coverage is a complex, expensive undertaking which can take years and involve an army of patent service providers. We have developed the industry’s leading set of best practices associated with international patent filing for large companies. Our international filing platform was designed with an eye towards providing quality, limiting risk, catering to the specific needs of large corporate IP departments and, most importantly, delivering savings that can actually be verified after each filing takes place. This simply is not true for other “filing companies” and this is why large corporate filers use our platform. Our platform efficiently manages all documentation, translations, filings, and costs.
PCT National Phase
With a PCT Application you do not need to decide where to file specific foreign patent applications for up to 30 months from your first priority date. Even more, the PCT is a standardized process to file multiple applications in foreign countries.
Local Filing
In general, a direct national patent application strategy is recommended if you know exactly where your target market is and probably if you want to protect your application in a few countries only.
Patent Fliing Process
1.Patent Filing
Once you have your patent draft already written, the attorney will prepare the documentation for a proper patent application in the relevant country.
2.Patent examination
After about 12 months (this will depend on the country) the examination process will start.
3.Office action
The patent office will issue an examination report with observations and requirements for the application.
4.Patent Granting
Once the examination has ended and if the patent office has accepted your application your patent will be granted.
5.Maintenance fee
In almost every country you need to pay a yearly fee in order to keep your patent in force.
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