Member of PCT

 

Can Convention priority be claimed

Yes- within 12 months from the date of first filing of the priority application.

For national phase of PCT application-within 30 months from the earliest priority date in respect to both the chapters

Novelty requirement

Worldwide- 

Patent search

Possible 

Does the invention specification have to be translated for filing

required 

Required Documents
  1. A Power of Attorney, simply signed. 
  2. One copy of the specification and claims.
  3. One set of the drawings relating to the invention, if any.
  4. An abstract of the invention 
  5. A deed of assignment signed by the inventor, if the applicant is not the inventor.
  6. A certified copy of the application giving the filing date, number and country if the application is to be filed with a priority claim.

Note Please note that the priority document has to be submitted within 2 months from the earliest priority date and the deed of assignment must be filed within 6 months from the Indian application filing date.

For PCT applications entering the national phase in the China, a copy of the PCT international publication search and examination reports must be submitted with the application. Any amendments made in the International Phase needing to be effected in the Chinese national phase application.

Duration

The term for invention patents in China is 20 years from the filing date. The term for utility model patents is 10 years from the filing date. 

Annuities

The annual fee for the year in which the patent is granted must be paid at registration. Subsequent annual fees are payable yearly in advance. there is a six-month grace period. If you do not pay them (plus surcharge) within this period, the patent lapses

Protection in Hong Kong and Macau

A Chinese patent can't be automatically extended to Hong Kong or Macau. The applicant needs to file a separate application based on the corresponding Chinese patent/application in Hong Kong and Macau respectively and go through the corresponding procedures.

Countries of Representation and IP Information