Patent services in China
We are aware of the importance and sensitivity of our client’s patents, and because of this we are always trying to deliver high quality standard services through personalized support. Below you will be able to review our service options:
1. Local/Direct Patent Filing in almost any country
2. PCT National Phases in all PCT contracting states
3. International PCT application.
4. Regional patent applications (EPO, GCC, ARIPO, EAPO, OAPI)
PATENT INFRINGEMENT SERVICES
1. Infringement Identification Search per patent
2. Infringement Contentions Preparation per patent
3. Invalidity Contentions Preparation per patent
4. Response to Invalidity Contentions Preparation per patent
5. Patent to Product Mapping/Claim Chart/EoU Preparation per claim chart
PATENT ANALYSIS SERVICES
1. Novelty/Patentability Search
2. Freedom-to-Operate/FTO Study
3. Patent & Business Landscape
4. Patent Invalidity Search
1. Patent draft in English and Spanish.
2. Analysis and preparation of responses for office actions.
3. Annuity payments and patent prosecution.
4. Translation services in more than 40 languages.
Patent Application 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.
PCT National Phase
In most cases, a year is not enough time to gather investors, to test the recently developed invention your company is launching and to know exactly in which countries the invention will have commercial applicability. 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.
If you already have an International PCT and need to enter into National Phase in China, we only required the following:
- PCT publication number
- International Search Report
- Patent specifications in local language.
- Any amendments made to the PCT original filing, if applies.
If you have filed a patent in any country and you need to expand its protection to China, you can proceed with a national application within 12 months from the earliest priority filing date. 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.
If you need to proceed with the filing of a national application you have to consider the following requirements:
- Patent specifications in local language (Abstract, application text, claims and drawings).
- Copy of the foreign priority including, country, filing date, title, owner and inventors. If applies.
With us, the filing process (PCT or Direct filing) should take 3 -5 days once we have received all the information required. Our global knowledge along with our highly experienced local patent attorneys will make this process easier, clear and fast. Contact us so we can assist you with the international protection of your invention.
This is the main requirement in order to start a patent protection process.
General process of a patent application
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.
Patent examination: after about 12 months (this will depend on the country) the examination process will start.
Office action: The patent office will issue an examination report with observations and requirements for the application.
Patent Granting: Once the examination has ended and if the patent office has accepted your application your patent will be granted.
Maintenance fee: In almost every country you need to pay a yearly fee in order to keep your patent in force.
1. Time frame: The patent process in China normally can takes up to 4 years from the filing to the granting.
2. Patent applications in China: 133,522 no-resident applications were filed in China in 2016 (https://data.worldbank.org).
For understanding the total costs of your patent filing or complete patent application process you must consider the filing patent office official fees, service fees and translation fees. In some countries search and examination fees should be paid later and you should also consider additional costs for preparing argumentation to possible Office Actions and finally the granting and maintenance fees.
For a better understanding of the costs, please contact us.