Patents Laws in China
Here's a detailed overview of patent laws in China:
Patent Laws in China
1. Legal Framework
The primary law governing patents in China is the Patent Law of the People's Republic of China (latest amendment effective from June 1, 2021).
The China National Intellectual Property Administration (CNIPA) is the government body responsible for patent examination and granting.
China is a member of the Paris Convention, the Patent Cooperation Treaty (PCT), and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
2. Types of Patents
China grants three types of patents:
Invention Patents: For new technical solutions or improvements. Protection term: 20 years from filing date.
Utility Model Patents: For new technical solutions relating to the shape or structure of a product, with a lower inventive step requirement. Protection term: 10 years from filing date.
Design Patents: For new designs of the shape, pattern, or combination thereof, applicable to a product. Protection term: 15 years from filing date (after the 2021 amendment).
3. Patentability Criteria
An invention must fulfill:
Novelty: Not disclosed publicly anywhere in the world before the filing date.
Inventive Step: Must not be obvious to a person skilled in the relevant field.
Industrial Applicability: Must be capable of being made or used in industry.
4. Non-Patentable Subject Matter
The following are excluded:
Scientific discoveries.
Rules and methods for intellectual activities (e.g., mathematical methods, business methods, computer programs as such).
Diagnostic, therapeutic, and surgical methods for humans or animals.
Animal and plant varieties.
Inventions contrary to social morality or public interest.
5. Patent Application Process
Applications are filed with the CNIPA.
The application must include a request, description, claims, abstract, and drawings if applicable.
Applications for invention patents undergo substantive examination upon request within 3 years of filing.
Utility models and design patents undergo formal examination only.
The term for substantive examination can be lengthy due to the volume of applications.
6. International Filings
China accepts PCT applications and designates CNIPA as the receiving office.
Foreign applicants can file directly or through the PCT route.
7. Enforcement
Patent holders have exclusive rights to prevent unauthorized use.
Patent infringement cases can be pursued via administrative enforcement, civil litigation, or criminal prosecution.
Courts specializing in intellectual property have been established in major cities like Beijing, Shanghai, and Guangzhou.
Summary Table
| Patent Type | Term | Examination | Key Use Case |
|---|---|---|---|
| Invention Patent | 20 years | Substantive & Formal | New inventions & technical improvements |
| Utility Model | 10 years | Formal only | Product shape/structure inventions |
| Design Patent | 15 years | Formal only | Product design and aesthetics |
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