Patent Examination and Administrative Remedy
♦Invention Patent
File an Invention Appliction
An inventor, a utility model creator, a designer, or the assignee or successor thereof has the right to apply for a patent. However, if the creation is made by an employee in the course of performing his/her duties, only his/her employer (such as a company) may apply for a patent.
Require Documents:
- Appliction Forms
- Abstract、Description、Claim(s)、Necessary Drawing(s)
- Power of Attorney
Formality Examination
A patent application for invention shall be filed with the Specific Patent Agency by the owner of the right to apply for a patent who is to provide an application form, a description, claim(s), an abstract, and the necessary drawing(s). The filing date of a patent application for invention shall be the date on which the application form, description, claim(s), and the necessary drawing(s) are provided in full. Where an applicant does not provide a description, claim(s) and the necessary drawing(s) in Chinese at the time of filing, the patent application shall be dismissed.
Lay Open the patent application
After receiving application documents and determining through examination that the application conforms to stipulated formality requirement and contains no elements that may be deemed unsuitable for laying open, the Specific Patent Agency shall lay open the patent application for invention eighteen (18) months since its filing.A patent application for invention shall not be laid open under any of the following circumstances:
1. where it is withdrawn within fifteen (15) months after its filing date;
2. where it involves national defense secrets or any other secrets pertaining to national security; or
3. where it is contrary to public order or morality.
Where a priority is claimed, the calculation of time period set forth in Paragraph 1 and the preceding paragraph shall be on the basis of the priority date; where two or more priorities are claimed, the calculation thereof shall be on the basis of the earliest priority date.
Request for substantive examination
A request to the Specific Patent Agency for substantive examination of a patent application for invention may be made by any person within three (3) years after the filing date of the patent application.
Reexamination
An invention patent applicant dissatisfied with a decision of rejection may provide reason(s) to request a reexamination within two (2) months after the date on which the decision of rejection is served. If the patent application is not accepted or dismissed for formality defects or on the ground of ineligibility of the applicant, the applicant may directly file administrative remedy actions in accordance with the laws.
Administrative Appeal Affairs
Anyone who’s right or interest was unlawfully or improperly injured by a center or local government agency’s administrative action is entitled to file an administrative appeal according to this Act, provided that other Acts stipulated otherwise.
Administrative Litigation
Anyone who’s right or interest was unlawfully or improperly injured by the decision of administrative appeal affairs is entitled to file an administrative litigation according to this Act, provided that other Acts stipulated otherwise.
Administrative Litigation Appeal
Anyone who’s right or interest was unlawfully or improperly injured by the decision of administrative litigation is entitled to file an administrative litigation appeal according to this Act, provided that other Acts stipulated otherwise.
Payment of fees and publication
For a patent application for invention that is approved, the grant of such patent application shall be published only when the patent certificate fee and the first-year patent annuity are paid by the applicant within three (3) months after the date on which the approval decision is served; if the fees are not paid within the said time period, no publication shall be made.
Grounds for invalidation
Any person may request for an invalidation action against an invention patent with the Specific Patent Agency under any of the special circumstances and Where an invalidation action is filed, a request form containing a statement and reason(s), along with evidence shall be provided.Where an invalidation action against an invention patent is considered well grounded, the patent right shall be revoked; such revocation may be made on a claim-by-claim basis.
Revocation of an invention patent right shall become final and binding under any of the following circumstances:
1. where no administrative remedy proceedings are filed in accordance with laws; or
2. where administrative remedy proceedings are filed but dismissed finally and bindingly.
Where an invention patent is revoked finally and bindingly, the effect of patent right shall be deemed not to have existed.
File an Utility Model Patent Appliction
An inventor, a utility model creator, a designer, or the assignee or successor thereof has the right to apply for a patent. However, if the creation is made by an employee in the course of performing his/her duties, only his/her employer (such as a company) may apply for a patent.
Require Documents:
- Appliction Forms
- Abstract、Description、Claim(s)、Necessary Drawing(s)
- Power of Attorney
Formality Examination
A patent application for invention shall be filed with the Specific Patent Agency by the owner of the right to apply for a patent who is to provide an application form, a description, claim(s), an abstract, and the necessary drawing(s). The filing date of a patent application for invention shall be the date on which the application form, description, claim(s), and the necessary drawing(s) are provided in full. Where an applicant does not provide a description, claim(s) and the necessary drawing(s) in Chinese at the time of filing, the patent application shall be dismissed.
Reexamination
An invention patent applicant dissatisfied with a decision of rejection may provide reason(s) to request a reexamination within two (2) months after the date on which the decision of rejection is served. If the patent application is not accepted or dismissed for formality defects or on the ground of ineligibility of the applicant, the applicant may directly file administrative remedy actions in accordance with the laws.
Administrative Appeal Affairs
Anyone who’s right or interest was unlawfully or improperly injured by a center or local government agency’s administrative action is entitled to file an administrative appeal according to this Act, provided that other Acts stipulated otherwise.
Administrative Litigation
Anyone who’s right or interest was unlawfully or improperly injured by the decision of administrative appeal affairs is entitled to file an administrative litigation according to this Act, provided that other Acts stipulated otherwise.
Administrative Litigation Appeal
Anyone who’s right or interest was unlawfully or improperly injured by the decision of administrative litigation is entitled to file an administrative litigation appeal according to this Act, provided that other Acts stipulated otherwise.
Payment of fees and publication
For a patent application for invention that is approved, the grant of such patent application shall be published only when the patent certificate fee and the first-year patent annuity are paid by the applicant within three (3) months after the date on which the approval decision is served; if the fees are not paid within the said time period, no publication shall be made.
Grounds for invalidation
Any person may request for an invalidation action against an invention patent with the Specific Patent Agency under any of the special circumstances and Where an invalidation action is filed, a request form containing a statement and reason(s), along with evidence shall be provided.Where an invalidation action against an invention patent is considered well grounded, the patent right shall be revoked; such revocation may be made on a claim-by-claim basis.
Revocation of an invention patent right shall become final and binding under any of the following circumstances:
1. where no administrative remedy proceedings are filed in accordance with laws; or
2. where administrative remedy proceedings are filed but dismissed finally and bindingly.
Where an invention patent is revoked finally and bindingly, the effect of patent right shall be deemed not to have existed.
Request for technical evaluation report
After a patent application for utility model is published, any person may file a request with the Specific Patent Agency for a technical evaluation report of utility model patent. When exercising a utility model patent, the patentee shall not make a warning without presenting the technical evaluation report of utility model patent.
♦Design Patent
File an Design Patent Appliction
An inventor, a utility model creator, a designer, or the assignee or successor thereof has the right to apply for a patent. However, if the creation is made by an employee in the course of performing his/her duties, only his/her employer (such as a company) may apply for a patent.
Require Documents:
- Appliction Forms
- Description、Necessary Drawing(s)
- Power of Attorney
Formality Examination
A patent application for invention shall be filed with the Specific Patent Agency by the owner of the right to apply for a patent who is to provide an application form, a description, claim(s), an abstract, and the necessary drawing(s). The filing date of a patent application for invention shall be the date on which the application form, description, claim(s), and the necessary drawing(s) are provided in full. Where an applicant does not provide a description, claim(s) and the necessary drawing(s) in Chinese at the time of filing, the patent application shall be dismissed.
Reexamination
An invention patent applicant dissatisfied with a decision of rejection may provide reason(s) to request a reexamination within two (2) months after the date on which the decision of rejection is served. If the patent application is not accepted or dismissed for formality defects or on the ground of ineligibility of the applicant, the applicant may directly file administrative remedy actions in accordance with the laws.
Administrative Appeal Affairs
Anyone who’s right or interest was unlawfully or improperly injured by a center or local government agency’s administrative action is entitled to file an administrative appeal according to this Act, provided that other Acts stipulated otherwise.
Administrative Litigation
Anyone who’s right or interest was unlawfully or improperly injured by the decision of administrative appeal affairs is entitled to file an administrative litigation according to this Act, provided that other Acts stipulated otherwise.
Administrative Litigation Appeal
Anyone who’s right or interest was unlawfully or improperly injured by the decision of administrative litigation is entitled to file an administrative litigation appeal according to this Act, provided that other Acts stipulated otherwise.