Patent Filing Procedures
China Intellectual Property Agency (H.K.) offers a comprehensive range of practical patent areas to individuals and to corporate clients. Our attorneys or agents have specialties in one or more of the following disciplines:
► Biotechnology, including molecular biology and biochemistry,Chemistry;
► Chemical and Electrochemical engineering;
► Computers and computer software,Electronics, Electrical engineering;
► Semiconductors,Electromechanical engineering,Engineering mechanics;
► Fluid dynamics,Mechanical engineering;
► Medical and biomedical engineering,Metallurgical engineering,Pharmaceuticals and Physics,etc.
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Filing Requirements for Chinese Patent
1、Name, address and nationality of applicant(s);
2、Name of inventor(s);
3、Type of the application, i.e., a patent for invention, for utility model or for design;
4、Information on priority claimed: the filing date, filing number and the country in which the application was filed (if applicable);
5、Specification or Drawings:
• Patent application for invention or utility model:
Description, claims, abstract and drawings (if any, two sets of formal drawings) ;
• Patent application for design:
Drawings or photographs of the design (min. 3×8cm, max. 15×22cm);
Name of the product incorporating the design and requested for protection;
6. Executed Power of attorney, which can be submitted later;
7. Original or certified assignment (if applicable), which can be submitted within three months from the Chinese filing date;
8. Certified copy of the prior application (if applicable), which can be submitted within three months from the Chinese filing date;
9. Receipt of Deposit and Viability Proof (if the application concerns a new microorganism, a micro-biological process or a product thereof and involves the use of a micro-organism which is not available to the public), which can be filed within four months from the Chinese filing date;
10. Nucleotide and/or amino acid sequence listing in computer readable form (if applicable).
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International Patent Application through PCT Approach
Any Chinese entity or individual intends to file an application in a foreign country for a patent for invention-creation made in China , it or he shall file first an application for patent with State Intellectual Property Office of the People's Republic of China (SIPO),and the applicant shall appoint a patent agency designated by SIPO to act as its or his agent. Any PCT application should include:
1 、The Request
a 、The Request
The petition shall be to the following effect and shall preferably be worded as follows: “ The undersigned requests that the present international application be processed according to the Patent Cooperation Treaty.”
b 、Title of the Invention
The title of the invention shall be short (preferably from two to seven words when in English or translated into English) and precise.
c 、 Applicants and inventors' name and address
d 、 Agents' names and addresses.
e、 Priority claim(if applicable)
2 、Description
The Description shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art. It contains the field of technology, the background technology, the contents of invention, the specific method of use and so on.
3 、Claims
The claim or claims shall define the matter for which protection is sought. Claims shall be clear and concise. They shall be fully supported by the description.
4 、Drawings
Drawings shall be required when they are necessary for the understanding of the invention. Where, without being necessary for the understanding of the invention, the nature of the invention admits of illustration by drawings.
5 、Power of Attorney
Any entity or individual who applies for international patent shall appoint a patent agency to act as its or his agent.
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European Community Patent Protection
The United Kingdom and most other Western European countries are parties to the European Patent Convention (EPC).If you file a patent application under this convention it will (if granted) be effective in each country you have listed on your application. The countries you have listed as countries in which you require protection are called "designated" countries.You can make a single application for patent protection in any one or more of the EPC Contracting States by designating the countries on your application and paying a fee for each. This may be cheaper than making a separate application to each country.
1 、The Request
a 、The Request
b 、Title of the Invention
The title of the invention shall be short (preferably from two to seven words when in English or translated into English) and precise.
c 、 Applicants and inventors' name and address(Chinese as well as English)
d 、 Agents' names and addresses.
e、priority claim(if applicable)
2 、Description
The Description shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art. It contains the field of technology, the background technology, the contents of invention, the specific method of use and so on.
3 、Claims
The claim or claims shall define the matter for which protection is sought. Claims shall be clear and concise. They shall be fully supported by the description.
4 、Drawings
Drawings shall be required when they are necessary for the understanding of the invention. Where, without being necessary for the understanding of the invention, the nature of the invention admits of illustration by drawings.
5 、Power of Attorney
Any entity or individual who applies for foreign countries or regional patent shall appoint a patent agency to act as its or his agent.
Foreign Country or Regional Patent Protection
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If you want to obtain your patent protection in countries other than China, you can apply direct to the Patent Office in each country.
1 、The Request
a 、The Request
b 、Title of the Invention
The title of the invention shall be short (preferably from two to seven words when in English or translated into English) and precise.
c 、 Applicants and inventors' name and address(Chinese as well as English)
d 、 Agents' names and addresses.
e、priority claim(if applicable)
2 、Description
The Description shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art. It contains the field of technology, the background technology, the contents of invention, the specific method of use and so on.
3 、Claims
The claim or claims shall define the matter for which protection is sought. Claims shall be clear and concise. They shall be fully supported by the description.
4 、Drawings
Drawings shall be required when they are necessary for the understanding of the invention. Where, without being necessary for the understanding of the invention, the nature of the invention admits of illustration by drawings.
5 、Power of Attorney
Any entity or individual who applies for foreign countries or regional patent shall appoint a patent agency to act as its or his agent
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