China

Legislation The Trademark Law is enacted to improve the administration of trademarks, protect the exclusive right to use a trademark, and encourage producers and traders to guarantee the quality of their goods and services and maintain the reputation of their trademarks, with a view to protecting the interests of consumers, producers and traders and promoting the development of the socialist market economy. Trademark Law & Implementing Regulations Trademark Law: Adopted by the Standing Committee of the National People's Congress on August 23, 1982 and came into effect on March 1, 1983; amended for the first time on February 22, 1993; amended for the second time on October 27, 2001; amended for the third time on August 30, 2013; amended for the fourth time on April 23, 2019 and came into effect on November 1, 2019. Implementing Regulations: Promulgated by the State Council on August 3, 2002; amended on April 29, 2014 and came into effect on May 1, 2014. Conventions China became a member of the Convention Establishing the World Intellectual Property Organization on June 4, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Madrid Agreement Concerning the International Registration of Marks on October 4, 1989, the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks on August 9, 1994, the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks on December 1, 1995 and the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001. Trademark Administration The Trademark Office of the China National Intellectual Property Administration (the CNIPA) is responsible for the registration and administration of trademarks in China, as well as the settlement of disputes relating to trademarks. The CNIPA is responsible for conducting the operational guidance and policing of trademark enforcement, including formulating and guiding standards of trademark enforcement. State Administration for Market Regulation is responsible for the organization and overall guidance of trademark enforcement. Registered Trademark & Exclusive Right A registered trademark can be obtained after being approved and registered by the Trademark Office through the registration application procedures. The registrant of the registered mark has the exclusive right to use the registered trademark as approved for the goods approved to register, which is protected by law. The exclusive right to use a registered trademark shall be valid for a term of ten years starting from the date of registration, and can be renewed before the expiry of the term. A non-registered mark can still be used in business activities of an entity or individual if the use is in compliance with the relevant regulations, but the owner of such mark has no exclusive right to use the mark. However, such goods as cigarettes, cigars, packaged tobacco, electronic cigarettes and other new tobacco products must be produced or sold with an approved registered trademark. Without an approved registered trademark, such goods may not be produced or sold. How to Obtain a Registered Trademark To obtain a registration of a trademark on designated goods or services and seek a protection by law, the owner of the trademark should file a registration application before the Trademark Office,. Please see “Outline of CN Trademark System_Basics I_Registering a Trademark” for the details: https://www.afdip.com/insights/Articles/TRADEMARK/2024/1023/455.html Trademark Review and Adjudication Trademark review and adjudication refers to administrative proceedings of review cases filed by the parties who are dissatisfied with the Trademark Office’s refusal decisions made for trademark registration applications, non-approval decisions made for opposed marks, cancellation or non-cancellation decision made for registered marks and decisions to declare registered marks invalid, as well as invalidation cases requested by the petitioners to declare registered trademarks invalid. These proceedings are all further regulated by the Rules for Trademark Review and Adjudication, and therefore very similar. Review of Refusal Where a trademark registration applicant is dissatisfied with the refusal decision of the Trademark Office made for the registration application, the applicant can apply to the Trademark Office for a review within 15 days upon receipt of the decision. Necessary documents For filing a review of refusal, a review application form including information about the applicant, the trademark registration application and the refusal decision, the clear request, grounds, and factual and legal basis, as well as the relevant evidence material shall be submitted. Collegial panel A collegial panel typically consisting of an odd number of trademark review and adjudication examiners, usually three or more, will be formed to hear the review case and implement the principle of minority obeying the majority. Acceptance The Trademark Office will, after examination, accept the review application if it meets the requirements and send to the applicant the acceptance notice. If the review application does not comply with the related regulations but can be rectified, the Office will notify the applicant to make rectifications, and the applicant shall make rectifications within 30 days from the date of receipt of the notice. If the rectifications are not made on time, the applicant shall be deemed to have withdrawn the review application. If the application still does not comply with the regulations after rectifications, the Office will not accept the application and notified the applicant. Refusal After a review application is accepted, if it is found that it does not meet the acceptance conditions, for example, the applicant withdrew the trademark review application and then submits a review application again based on the same facts and grounds, or submits a review application again based on the same facts and grounds for a ruling or decision that has already been made by the Office, the Office will refuse the review application and notify the applicant. Decision The Trademark Office will make a decision within nine months from the receipt of the review application and notify the applicant. Relief Where the applicant is dissatisfied with the review decision, it/he may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the decision. Where, at the expiration of the specified period, the applicant does not institute legal proceedings against the review decision, the review decision comes into effect. Review of Non-Approval Where the applicant for registration of a trademark opposed is dissatisfied with the non-approval decision of the Trademark Office made for the opposition, it/he may apply for a review to the Trademark Office within fifteen days from the receipt of the decision. Necessary documents For filing a review of non-approval, a review application form including information about the applicant, the trademark opposed and the non-approval decision, the clear request, grounds, and factual and legal basis, as well as the relevant evidence material shall be submitted. Collegial panel A collegial panel typically consisting of an odd number of trademark review and adjudication examiners, usually three or more, will be formed to hear the review case and implement the principle of minority obeying the majority. Acceptance The Trademark Office will, after examination, accept the application if it meets the requirements and send to the applicant the acceptance notice. If the review application does not comply with the related regulations but can be rectified, the Office will notify the applicant to make rectifications, and the applicant shall make rectifications within 30 days from the date of receipt of the notice. If the rectifications are not made on time, the applicant shall be deemed to have withdrawn the review application. If the application still does not comply with the regulations after rectifications, the Office will not accept the application and notified the applicant. Refusal After a review application is accepted, if it is found that it does not meet the acceptance conditions, for example, the applicant withdrew the trademark review application and then submits a review application again based on the same facts and grounds, or submits a review application again based on the same facts and grounds for an adjudication or decision that has already been made by the Office, the Office will refuse the review application and notify the applicant. Serving the application The Trademark Office will send a copy of the review application and evidence materials to the opponent timely. Observation/response The opponent has 30 days after receipt of the copy to file an observation/response. If the opponent does not file an observation, the Trademark Office will conduct the review in absentia. Supplement Where any of the parties concerned needs to supplement the relevant evidence after filing either the review application or response to the application, the party shall state the supplement to be filed in the review application or response, and then submit the evidence within three months after filing the review application or submitting the response. If the party fails to do so within the specified time period, it shall be deemed that the party has waived the right to supplement the evidence. Provided that the evidence is formed after the expiration of the specified time period or the failure to submit the evidence before the expiration of the specified time period is due to other justified reasons, where the evidence is submitted after the expiration of the specified time period, the Trademark Office will send the evidence to the other party concerned and may admit the evidence after the cross-examination of the parties. Oral hearing The Trademark Office may decide to hold an oral hearing on the review application based on the request of the parties or actual needs. If the Trademark Office decides to hold an oral hearing, it will notify the parties in writing 15 days before the oral hearing, informing them of the date, location and examiners of the oral hearing. The parties shall respond within the time limit specified in the notice. If the applicant does not respond or participate in the oral hearing, its/his application shall be deemed withdrawn, and the Trademark Office shall notify the applicant. If the opponent does not respond or participate in the oral hearing, the Trademark Office will conduct the review in absentia. Settlement During the review proceedings, the parties may reach a settlement in writing on their own or through mediation. If the parties reach a settlement, the Trademark Office may close the case or make a decision or ruling. Withdrawal During the review proceedings, before the Office makes the decision or ruling, the applicant may withdraw the review application and state the reasons. If the withdrawal application is in compliance with the relevant provisions, the Office will approve the withdrawal and terminate the review proceedings. Suspension/Stay During the review proceedings, if the determination of the prior rights involved must be based on the results of another case being heard by the court or handled by the administrative authority, the Trademark Office may suspend the review. After the reasons for suspension are eliminated, the review proceedings shall be resumed. Decision The Trademark Office will make a review decision within twelve months from the receipt of the review application and notify the review applicant (the opposed party in the opposition proceedings) and the opponent. Relief Where the review applicant (the opposed party in the opposition proceedings) is dissatisfied with the review decision, it/he may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the decision. Where, at the expiration of the specified period, the applicant does not institute legal proceedings against the review decision, the review decision comes into effect. Invalidation Proceedings The grounds for declaring a registered trademark invalid can be divided into the following two categories. Absolute grounds Where a registered trademark constitutes a violation of the law in the following circumstances, the Trademark Office will declare the registered trademark invalid, and any other entity or individual may request the Trademark Office to declare the registered trademark invalid: Trademarks applied for registration in bad faith and not intended for use (Article 4); Signs prohibited from use as a trademark (Article 10); Non-registrable signs (Article 11); Non-registrable three-dimensional signs (Article 12); Other marks shall not be registered by trademark agencies (Article 19(4)); or Trademarks applied for registration by fraud or other unfair means. Relative grounds Where a prior right owner or any interested party believes that a registered trademark constitutes a violation of the law in the following circumstances, the owner or party may request the Trademark Office to declare the registered trademark invalid within five years from the date of trademark registration; for malicious registration, the owner of a well-known trademark is not subject to the five-year time limit: Trademark conflicting with well-known marks (Article 13(2) & (3)); Trademarks applied for by an agent, representative, or related party without the right holder’s authorization (Article 15); Geographical indications that mislead the public (Article 16 (1)); Trademarks that do not comply with relevant regulations or is identical or similar to trademarks that are previously registered or preliminarily approved (Article 30); Trademarks that constitute a violation of the provisions that “for applications not filed on the same day, the one filed earlier shall be preliminarily approved; for applications filed on the same day, the one that was used earlier shall be preliminarily approved” (Article 31); and Trademarks infringing another party’s existing prior rights or filed via unfair means for preemptive registration (Article 32). Necessary documents For filing an application to declare a registered trademark invalid, an application form including information about the trademark to be declared invalid, the clear request, grounds, and factual and legal basis, as well as the relevant evidence material and certificates of the invalidation petitioner’s identity shall be submitted. For relative grounds, the petitioner shall submit certificates to prove that the petitioner is a prior right holder or an interested party. Collegial panel A collegial panel typically consisting of an odd number of trademark review and adjudication examiners, usually three or more, will be formed to hear the invalidation case and implement the principle of minority obeying the majority. Acceptance The Trademark Office will, after examination, notifies the petitioner to pay official fees if the invalidation application meets the requirements of acceptance, and after receiving the official fees send the acceptance notice to the petitioner. If the invalidation application does not comply with the related regulations but can be rectified, the Office will notify the petitioner to make rectifications, and the petitioner shall make rectifications within 30 days from the date of receipt of the notice. If the rectifications are not made on time, the petitioner shall be deemed to have withdrawn the review application. If the invalidation application does not comply with the regulations, for example, it is not filed within the statutory period, the petitioner's legal status and the grounds for invalidation do not comply with the regulations, there are no clear grounds, facts and legal basis for invalidation, etc., the Trademark Office will not accept the application and will notify the applicant. Refusal After an invalidation application is accepted, if it is found that it does not meet the acceptance conditions, for example, the petitioner withdrew an invalidation application and then submits an invalidation application again based on the same facts and grounds, or submits an invalidation application again based on the same facts and grounds for a ruling or decision that has already been made by the Office, the Office will refuse the invalidation application and notify the petitioner. Serving the application The Trademark Office will timely send a copy of materials related to the invalidation application to the trademark registrant at issue. Responses The he trademark registrant at issue has 30 days after receipt of the copy of invalidation materials to file a response, outlining their arguments against the invalidation. If the registrant does not file a response, the Trademark Office will conduct adjudication in absentia. Supplement Where any of the parties concerned needs to supplement the relevant evidence after filing either the invalidation application or response to the application, the party shall state the supplement to be filed in the invalidation application or response, and then submit the evidence within three months after filing the invalidation application or submitting the response. If the party fails to do so within the specified time period, it shall be deemed that the party has waived the right to supplement the evidence. Provided that the evidence is formed after the expiration of the specified time period or the failure to submit the evidence before the expiration of the specified time period is due to other justified reasons, where the evidence is submitted after the expiration of the specified time period, the Trademark Office will send the evidence to the other party concerned and may admit the evidence after the cross-examination of the parties. Oral hearing The Trademark Office may decide to hold an oral hearing on the invalidation application based on the request of the parties or actual needs. If the Trademark Office decides to hold an oral hearing, it will notify the parties in writing 15 days before the oral hearing, informing them of the date, location and examiners of the oral hearing. The parties shall respond within the time limit specified in the notice. If the petitioner does not respond or participate in the oral hearing, its/his invalidation application shall be deemed withdrawn, and the Trademark Office shall notify the petitioner. If the registrant at issue does not respond or participate in the oral hearing, the Trademark Office will conduct the review in absentia. Withdrawal During the adjudication, before the Office makes the decision or ruling, the petitioner may withdraw the invalidation application and state the reasons. If the withdrawal application is in compliance with the relevant provisions, the Office will approve the withdrawal and terminate the invalidation proceedings. Settlement During the adjudication of the Office, the parties may reach a settlement in writing on their own or through mediation. If the parties reach a settlement, the Trademark Office may close the case or make a decision or ruling. Suspension/Stay During the adjudication of the Office, if the determination of the prior rights involved must be based on the results of another case being heard by the court or handled by the administrative authority, the Trademark Office may suspend the invalidation proceedings. After the reasons for suspension are eliminated, the invalidation proceedings shall be resumed. Decision/Adjudication In the case of absolute grounds, the Trademark Office will make a decision to declare the registered trademark invalid and notify the trademark registrant at issue. For an invalidation application based on absolute grounds, the Trademark Office will make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the invalidation application after investigation, verification and examination, and notify the parties. For an invalidation application based on relative grounds, the Trademark Office will make a ruling to maintain the registered trademark or declare the registered trademark invalid within twelve months from the date of receipt of the invalidation application after investigation, verification and examination, and notify the parties in writing. If finding that the grounds for invalidation are not justified, the Trademark Office will make a ruling to maintain the registered trademark. If finding that the grounds for invalidation are justified, the Trademark Office will make a ruling to declare the registered trademark invalid. If the grounds for invalidation are only justified for a part of the designated goods, the trademark registration will be declared invalid on the part of the designated goods. Relief Where the trademark registrant at issue dissatisfies with the Office’s own invalidation decision based on the absolute grounds, it/he may apply for a review to the Trademark Office within fifteen days from the receipt of the decision. Where, at the expiration of the specified period, the registrant does not apply for the review of the invalidation decision, the decision of the Office comes into effect. Where the parties concerned dissatisfy with the ruling to maintain the registered trademark or declare the registered trademark invalid made by the Office for the invalidation application based on the absolute grounds, it/he may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the ruling. Where, at the expiration of the specified period, the parties concerned do not institute legal proceedings against the ruling, the ruling of the Office comes into effect. Where the parties concerned dissatisfy with the ruling to maintain the registered trademark or declare the registered trademark invalid made by the Office for the invalidation application based on the relative grounds, it/he may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the ruling. Where, at the expiration of the specified period, the parties concerned do not institute legal proceedings against the ruling, the ruling of the Office comes into effect. Review of Invalidation Decision Where the trademark registrant dissatisfies with the Office’s own decision to declare its trademark registration invalid based on the absolute grounds that the trademark registration violates the related regulations, it/he may apply for a review to the Trademark Office within fifteen days from the receipt of the decision. The review proceedings are the same as other review proceedings mentioned above (e.g. review of refusal, review of non-approval), and therefore no details will be repeated here. The Trademark Office will make a review decision within nine months from the date of receipt of the review application and notify the parties concerned. If the parties concerned are dissatisfied with the review decision of the Trademark Office, they may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the review decision. Where, at the expiration of the specified period, the parties concerned do not institute legal proceedings against the decision, the review decision of the Office comes into effect. Validity of an Invalidation Decision Where a registered trademark is declared invalid, the Trademark Office shall publish the invalidation, and the exclusive right to use the trademark is deemed never to have existed. A decision or ruling on declaring a registered trademark invalid shall have no retroactive effect on any judgment, ruling, mediation, or any decision on a trademark infringement case made and already enforced by the people's court, nor on any decision on any trademark infringement case made and already enforced by the administration authority, and nor on any trademark assignment contract or trademark license contract already performed prior to the declaration of the registered trademark invalid. However, the damage caused to other persons in bad faith of the trademark registrant shall be compensated. If not returning the monetary damage for trademark infringement, the fees for trademark assignment, or fees for trademark licensing pursuant to the above provisions, is obviously contrary to the principle of equity,  then the preceding damage or fees shall be returned in whole or in part. Review of Cancellation or Non-Cancellation Decision If the registrant or the cancellation applicant is dissatisfied with the decision of the Trademark Office to cancel or not cancel a registered trademark, it/he may, within fifteen days from receipt of the decision, apply for a review to the Trademark Office. The review proceedings are the same as other review proceedings mentioned above (e.g. review of refusal, review of non-approval), and therefore no details will be repeated here. The Trademark Office will make a review decision within nine months from the date of receipt of the review application and notify the parties concerned. If the parties concerned are dissatisfied with the review decision of the Trademark Office, they may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the review decision. Where, at the expiration of the specified period, the parties concerned do not institute legal proceedings against the decision, the review decision of the Office comes into effect. Recusal A member of staff from the Trademark Office shall be recused, on his or her own initiative or upon the request of the parties concerned or any other interested person, from exercising his or her function, where any of the following events occurs: 1) where he or she is a close relative of the party concerned or the agent of the party concerned; 2) where he or she has any other kinds of relations with the party concerned or with the agent of the party concerned that may influence impartial examination; or 3) where he or she has an interest in the application for trademark registration or other trademark matters at issue. Recent Statistical Data In 2024 China accepted 416,000 applications for various types of trademark reviews and adjudicated 383,000 cases of trademark reviews. In 2023 China accepted 410,900 applications for various types of trademark reviews and adjudicated 373,400 cases of trademark reviews. In 2022 China accepted 422,700 applications for various types of trademark reviews and adjudicated 411,700 cases of trademark reviews. In 2021 China accepted 473,000 applications for various types of trademark reviews and adjudicated 383,000 cases of trademark reviews. In 2020 China accepted 367,000 applications for various types of trademark reviews and adjudicated 358,000 cases of trademark reviews.

Legislation The Patent Law is enacted to protect the legitimate rights of patentees, to encourage inventions-creations, to advance the exploitation of inventions-creations, to enhance innovation capability, and to promote the progress of science and technology and the development of economy and society. Inventions-creations in this article mainly mean designs. Patent Law & Implementing Regulations Patent Law: Adopted by the Standing Committee of National People's Congress on March 12, 1984 and entered into force on April 1, 1985, amended for the first time on September 4, 1992, amended for the second time on August 25, 2000, amended for the third time on December 27, 2008, amended for the fourth time on October 17, 2020 and entered into force on June 1, 2021. Implementing Regulations: Promulgated by the State Council on January 19, 1985 and entered into force on April 1; amended on December 12, 1992 and entered into force on January 1, 1993; and repealed on July 1, 2001. Promulgated June 15, 2001 and entered into force on July 1, 2001, amended for the first time on December 28, 2002, amended for the second time on January 9, 2010, and amended for the third time on December 11, 2023 and entered into force on January 20, 2024.Conventions China became a member of Convention Establishing the World Intellectual Property Organization on June 4, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Patent Cooperation Treaty (PCT) on January 1, 1994, the Regulations under the Patent Cooperation Treaty on January 1, 1994, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure on July 1, 1995, the Locarno Agreement Establishing an International Classification for Industrial Designs on September 19, 1996, the Strasbourg Agreement Concerning the International Patent Classification on June 19, 1997, the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001, and the Hague Agreement Concerning the International Registration of Industrial Designs on May 5, 2022. Types of Patents There are three types of patents in China: invention patents, utility model patents and design patents. Design Design means any new design of the shape, the pattern, or their combination, or the combination of the color with shape or pattern, of the whole or a part of a product, which creates an aesthetic feeling and is fit for industrial application. Patent Administration The China National Intellectual Property Administration (CNIPA) is responsible for the patent work throughout the country. It receives and examines patent applications, and grants patents in accordance with the law. The local intellectual property offices in provinces, autonomous regions and municipalities directly are responsible for the administrative work concerning patents in their respective administrative areas. Obtaining a Patent For obtaining a patent, the right holder of invention-creations shall submit a patent application to the CNIPA. After examinations, the CNIPA will grant a patent if the conditions for granting a patent are met. Service Invention-creation An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him mainly by using the material and technical means of the entity is a service invention-creation. "A service invention-creation made by a person in execution of the tasks of the entity to which he belongs" means any invention-creation made (l) in the course of performing his/her own duty; (2) in execution of any task, other than his/her own duty, which was entrusted to him/her by the entity to which he belongs; (3) within one year from his/her retirement, resignation or from termination of his/her employment or personnel relationship with the entity to which he/she previously belonged, where the invention-creation relates to his/her own duty or the other task entrusted to him/her by the entity to which he previously belonged. "The entity to which he belongs" includes the entity in which the person concerned is a temporary staff member. "Material and technical means of the entity" mean the entity's money, equipment, spare parts, raw materials or technical information and materials which are not disclosed to the public, etc. Inventors/Creators/ Designers Creative Contributions "Inventor" or "creator" means any person who makes creative contributions to the substantive features of an invention-creation. Any person who, during the course of accomplishing the design, is responsible only for organizational work, or who only offers facilities for making use of material and technical means, or who only takes part in other auxiliary functions, shall not be considered as inventor or creator. Designer is the inventor or creator of the design that created the novel and ornamental design for an article of manufacture. Designer has the right to be named as such in the patent document. Incentives The entity that is granted a patent shall award to the inventor or creator of a service invention-creation a reward and, upon exploitation of the patented invention-creation, shall pay the inventor or creator a reasonable remuneration based on the scope of promotion and application and the economic benefits achieved. The entity may, on the manner and amount of the reward and remuneration mentioned above, enter into a contract with the inventor or creator, or provide it in its rules and regulations formulated in accordance with the laws. Where the entity has not entered into a contract with the inventor or creator on the manner and amount of the reward, nor has the entity provided it in its rules and regulations formulated in accordance with the laws, it shall, within three months from the date of the announcement of the grant of the patent, award to the inventor or creator of a service invention-creation a sum of money as prize. The sum of money prize for a design patent shall not be less than RMB 1,500 Yuan. Where an invention-creation is made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity shall award to him or her a money prize on favorable terms. Where the entity has not entered into a contract with the inventor or creator on the manner and amount of the remuneration as above mentioned, nor has the entity provided it in its rules and regulations in accordance with the laws, it shall award the inventor or creator a reasonable reward in accordance with the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements. The state encourages the entities to implement incentives and adopt methods such as equity, stock options, dividends, etc., to ensure that inventors or creators receive a fair share of the innovation benefits. Right to apply for a patent For a service intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee. The entity may dispose of its right to apply for a patent and its patent for its service invention-creation in accordance with the law, and promote the implementation and use of the related invention-creation. For a non-service invention-creation, the right to apply for a patent belongs to the designer. After the application is approved, the designer shall be the patentee. In respect of an invention-creation made by a person using the material and technical means of an entity to which he belongs, where the entity and the designer have entered into an agreement on the right to apply for and own a patent, such agreement shall prevail. For an invention-creation jointly made by two or more entities or individuals, or made by an entity or individual in execution of a commission given to it or him by another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual that made, or to the entities or individuals that jointly made, the invention-creation. After the application is approved, the entity or individual that applied for it shall be the patentee. Co-ownership Where the co-owners of a patent application or a patent have concluded an agreement on the exercising of the right, the agreement shall prevail. In the absence of such agreement, any co-owner may independently exploit the patent or license another party to exploit the patent through non-exclusive license; any fee for the exploitation obtained from licensing others to exploit the patent shall be distributed among the co-owners. Except for the circumstances as provided in the preceding paragraphs, a jointly-owned patent application or patent shall be exercised with the consent of all co-owners. Basic Principles of Application Applying for patents shall follow the principle of good faith. Patent applications shall be filed on the basis of genuine invention-creation activities, and no fraud is allowed. For any identical invention-creation, only one patent shall be granted. Where two or more applicants file applications for patent for the identical invention-creation, the patent shall be granted to the applicant whose application was filed first. (first-to-file rule) Two or more applicants who respectively file, on the same day (referring to the date of filing or the priority date where priority is claimed), patent applications for the identical invention-creation, shall, after receipt of a notification from the CNIPA, hold consultations among themselves to determine the applicant(s). Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity. After a patent application is submitted, the type of patent application cannot be changed. For example, an invention patent application can only be an invention patent application in subsequent procedures, reexamination procedures or divisional application procedures, and cannot be changed to a utility model patent application. Unity An application for a patent for design shall be limited to one design. Two or more similar designs for the same product or two or more designs which are incorporated in products belonging to the same class and sold or used in sets may be filed as one application. Where two or more similar designs of the same product are filed in one application, the other designs of the product shall be similar to the main design indicated in the brief specification. The number of similar designs contained in a design patent application shall not exceed 10. The two or more designs belonging to the same class and sold or used in sets mean that, each product incorporating the design belongs to the same class in the classification of products and is customarily sold or used at the same time, and the designs incorporated in each product have the same concept of design. Divisional Applications Where a patent application contains two or more designs, the applicant may file a divisional application: (1) before the expiration of two months from the date of receipt of the allowance notice; (2) before the expiration of three months from the date of receiving the final rejection decision against which the applicant decides not to request re-examination; (3) before the expiration of three months from the date of receiving the affirmed rejection re-examination decision made by the CNIPA against which the applicant decides not to institute an administrative lawsuit; (4) before the effective date of the Court’s final ruling that affirms the rejection decision of the CNIPA in the administrative lawsuit instituted by the applicant; or (5) before the effective date when the application was withdrawn, or was deemed as having been withdrawn and was not revived. However, where a patent application has been rejected, withdrawn or is deemed to have been withdrawn, no divisional application may be filed. The divisional application may not change the type of the initial application. A divisional application shall be entitled to the filing date and, if priority is claimed, the priority date of the initial application, provided that the divisional application does not go beyond the scope of disclosure contained in the initial application. If an already-filed divisional application has received a lack of unity objection from the CNIPA, the applicant will obtain the chance to file an additional divisional application based on this already-filed divisional application within a specific timeline which is the same as above items (1)-(5). After the expiration of those time limits, no divisional application can be filed based on the already-filed divisional application which has received a lack of unity objection. Applications Required Confidentiality Where a patent application relates to the interests of national defense and is required to be kept secret, the patent application shall be filed with and examined by the national defense intellectual property office. Where a patent application received by the CNIPA relates to the interests of national defense and is required to be kept secret, the application shall be promptly forwarded to the national defense intellectual property office to carry out the examination. Where it is found after examination by the national defense intellectual property office there is no cause for rejection of the application, the CNIPA shall make a decision to grant the national defense patent. Assignment of a Patent Application The right of patent application may be assigned. Where the right of patent application is assigned, the parties shall conclude a written contract and register it with the CNIPA. The CNIPA shall announce the registration. The assignment shall take effect as of the date of registration. Patent Agency for Patent Applications Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a legally incorporated patent agency to act as its or his agency. Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a legally incorporated patent agency to act as its or his agency. What is Unpatentable No patent shall be granted No patent shall be granted for any invention-creation that is contrary to the laws or social morality or that is detrimental to public interest. Any invention-creation that is contrary to the laws shall not include the invention-creation merely because the exploitation of which is prohibited by the laws. Unpatentable subject matters For the following, no patent shall be granted: designs of two-dimensional printing goods, made of the pattern, the colour or the combination of the two, which serve mainly as indicators. Requirements for granting a patent for design Any design for which a patent may be granted shall not be a prior design, nor has any entity or individual filed before the date of filing with the CNIPA an application relating to the identical design disclosed in patent documents announced after the date of filing. Any design for which a patent may be granted shall significantly differ from prior design or combination of prior design features. Any design for which a patent may be granted must not be in conflict with the legitimate right obtained before the date of filing by any other person. The prior design referred to herein means any design known to the public before the date of filing in China or abroad. Priority Where, within six months from the date on which any applicant first filed in a foreign country an application for a patent for design, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the foreign country and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority. Where, within six months from the date on which any applicant first filed in China an application for a patent for design, he or it files with the CNIPA an application for a patent for the same subject matter, he or it may enjoy a right of priority. Any applicant who claims the right of priority for a design patent shall make a written declaration when the application is filed, and submit, within three months, a copy of the patent application document which was first filed. If the applicant fails to make the written declaration or to meet the time limit for submitting the copy of the patent application document, the claim to the right of priority shall be deemed not to have been made. Where the name or title of the applicant who claims the right of priority is not the same as the one recorded in the copy of the earlier application, the applicant shall submit document certifying the assignment of right of priority. If no such document is submitted, the right of priority shall be deemed not to have been claimed. An applicant may claim one or more priorities for a patent application; where multiple priorities are claimed, the priority period for the application shall be calculated from the earliest priority date. Domestic Priority - Further Circumstances When filing a design application, the applicant may claim the domestic priority right of an earlier invention or a utility model application for the same subject matter as the design shown in the drawings. A later application may not claim domestic priority of an earlier application if the subject matter of the earlier application falls under any of the following: (1) where it has claimed foreign or domestic priority; (2) where it has been granted a patent; (3) where it is a divisional application filed as prescribed. Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn from the date on which the later application is filed, except where the application for a design patent claims an invention or a utility model patent application as the basis for domestic priority. Non-prejudicial disclosure An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first made public for the purpose of public interest when a state of emergency or an extraordinary situation occurs in the country; (2) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government; (3) where it was first made public at a prescribed academic or technological meeting; (4) where it was disclosed by any person without the consent of the applicant. The international exhibition recognized by the Chinese Government means the international exhibition that is registered with or recognized by the International Exhibitions Bureau as stipulated by the International Exhibitions Convention. The academic or technological meeting means any academic or technological meeting organized by a competent department concerned of the State Council or by a national academic or technological association, as well as any academic or technological meeting organized by an international organization recognized by a competent department concerned of the State Council. For the situation in the above item (2) or (3), the applicant shall, when filing the application, make a declaration and, within two months from the date of filing, submit certifying documents stating the fact that the invention-creation was exhibited or published and with the date of its exhibition or publication. For the situation in the above item (1) or (4), the CNIPA may, when it deems necessary, require the applicant to submit the relevant certifying documents within the specified time limit. Patent application documents For filing an application for a patent for design, a request, drawings or photographs of the design and a brief specification of the design shall be submitted. Drawings/photographs The relevant drawings or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is sought. Where a partial design patent application is filed, the applicant shall submit views of the entire product and indicate the content of the claimed part using a combination of broken and solid lines or other methods. Where the applicant seeks protection of colors, drawings or photographs in color shall be submitted. Brief Specification  The brief specification shall indicate the title and the use of the product incorporating the design, the essential feature(s) of the design, and designate a drawing or photograph capable of best showing the essential feature(s) of the design. Where a view of the product incorporating the design is omitted or where concurrent protection for color is claimed, it shall be indicated in the brief specification. Where a design patent application is filed for two or more similar designs incorporated in the same product, one of these designs shall be indicated as the basic design in the brief specification. Where a partial design patent application is filed, the claimed part shall be specified in the brief description, except when the claimed part has been indicated by a combination of broken and solid lines in the views of the entire product. The brief specification shall not contain any commercial advertising and shall not be used to indicate the function of the product. Regarding the class to which that product incorporating the design belongs, the applicant shall refer to the classification of products for designs published by the CNIPA. Date of filing, Application Date The date on which the CNIPA receives the application shall be the date of filing. If the application is sent by mail, the date of mailing indicated by the postmark shall be the date of filing. Withdrawal of applications An applicant may withdraw his or its application for a patent at any time before the patent is granted. When withdrawing a patent application, the applicant shall submit to the CNIPA a declaration stating the title of the invention-creation, the application number and the date of filing. Where a declaration to withdraw a patent application is submitted after the preparations for the publication of the application document has been completed by the CNIPA, the application document shall be published as scheduled. However, the declaration withdrawing the patent application shall be published in the subsequent issue of the Patent Gazette. Amending application documents An applicant may amend his or its application for a patent, but the amendment to the application for a patent for design may not go beyond the scope of the disclosure as shown in the initial drawings or photographs. Examination procedures Filing receipt Where an application for a patent for design submitted to the CNIPA meets the requirements for filing, the CNIPA will issue a filing receipt. Voluntary amendments Within two months from the date of filing, the applicant for a design patent may amend the design application on his or her or its own initiative. Where the applicant amends the application documents after receiving a notification of office action issued by the CNIPA, he or she or it shall make the amendment directed to the defects pointed out by the notification. Preliminary examination If upon preliminary examination the CNIPA finds the application not to be in conformity with the related requirements, it will notify the applicant of its opinions and request him or her or it to state his or her or its observations or to rectify the application within the specified time limit. If the applicant fails to make any response within the specified time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made his or her or its observations or the rectification, the CNIPA still finds that the application is not in conformity with the related provisions, the application shall be rejected. Allowance Notice Where it is found after preliminary examination that there is no cause for rejection of the application for a patent for design, the CNIPA shall issue an allowance notice/notification to grant a patent for design. Registration and Announcement After the CNIPA issues the allowance notice/notification to grant a patent, the applicant shall go through the formalities for registering a patent grant within two months from the date of receipt of the notification. If the applicant completes the formalities of registration within the time limit, the CNIPA shall make a decision to grant a patent, issue the patent certificate, and announce it. If the applicant does not go through the formalities of registration within the time limit, he or she or it shall be deemed to have abandoned his or her or its right to obtain the patent. The patent for design shall take effect as of the date of the announcement. The CNIPA shall correct promptly the mistakes in the patent announcements and patent pamphlets once they are discovered, and the corrections shall be announced. Evaluation Reports The applicant may request the CNIPA to make an evaluation report of patent at the time of going through the formalities of patent registration. After the announcement of the decision to grant a design patent, the patentee, the interested party, the accused infringer may request the CNIPA to make an evaluation report of patent. The CNIPA shall make a patent evaluation report within two months from receiving of the request for the patent evaluation report, while if the applicant requests a patent evaluation report at the time of going through the formalities of patent registration, the CNIPA shall make the patent evaluation report within two months from the date of the announcement of the grant of the patent. Where two or more persons request for patent evaluation reports in respect of a same design patent, the CNIPA shall make one evaluation report only. Any entity or individual may view or copy the patent evaluation report. Reexamination Where an applicant for patent is not satisfied with the decision of the CNIPA rejecting the application, the applicant may, within three months from the date of receipt of the decision, request the CNIPA to make a reexamination, via filing a request for reexamination, stating the reasons and, when necessary, attaching the relevant supporting documents. The petitioner/applicant may amend the patent application when requesting reexamination or making responses to the notification of reexamination of the CNIPA. But the amendments shall be limited only to remove the defects pointed out in the rejection decision or in the notification of reexamination. Where, after reexamination, the CNIPA finds that the request does not comply with relevant provisions or that the patent application otherwise obviously violates the relevant provisions, it shall request the petitioner/applicant to submit the observations within a specified time limit. If no response is made within the time limit, the reexamination request shall be deemed to have been withdrawn. Where, after the petitioner/applicant has made the observations or amendments, the CNIPA still finds that the request does not comply with the relevant provisions, it shall make a reexamination decision to affirm the rejection. Where, after reexamination, the CNIPA finds that the rejection decision does not comply with the relevant provisions, or that the amended application has removed the defects as pointed out by the rejection decision, it shall make a reexamination decision to revoke the rejection decision, and continue the examination procedure. Where the applicant is not satisfied with the reexamination decision of the CNIPA, it or he may, within three months from the date of receipt of the notification, institute legal proceedings in the people's court. Withdrawal of Reexamination Request At any time before the CNIPA makes its reexamination decision, the petitioner/applicant may withdraw its or his or her reexamination request. Where the petitioner/applicant withdraws its or his or her reexamination request before the CNIPA makes its decision, the procedure of reexamination is terminated. Stay or Suspension Any party involving in a dispute over the ownership of the right of patent application or patent, who has already applied for mediation with the administrative authority for patent affairs or instituted legal proceedings before the people's court, may request the CNIPA to stay/suspend the relevant procedures. Where the CNIPA finds that the reasons for suspension submitted by the requesting party are obviously untenable, it may not suspend the relevant procedures. After entering into force of the mediation made by the administrative authority for patent affairs or the judgment rendered by the people's court, the parties concerned shall request the CNIPA to resume the suspended procedure. If, within one year from the date when the request for suspension is filed, no decision is made on the dispute relating to the ownership of the right to apply for a patent or the patent, and it is necessary to continue the suspension, the party who made the request shall, within the time limit, request to extend the suspension. If, at the expiration of the time limit, no such request for extension is filed, the CNIPA shall resume the procedure on its own initiative. Where, in the trial of civil cases, the people's court has ordered the adoption of preservation measures on the right of patent application or patent, the CNIPA shall suspend the relevant procedure concerning the patent application or patent under preservation on the date of receiving the judgment order and the notification on assisting the execution of the order indicated with the application number or the patent number. At the expiration of the time limit for preservation, if there is no order of the people's court to continue the preservation, the CNIPA shall resume the relevant procedure on its own initiative. The suspension of relevant procedures by the CNIPA refers to the suspension of such procedures as preliminary examination, substantive examination, reexamination of a patent application, granting of patent and the announcement of invalidation of patent; the suspension of the procedures on handling the abandonment of patent, changing or transferring patent or right of patent application, pledge of patent and the cessation of patent before the expiration of its duration. Patent Invalidation Where, starting from the date of the announcement of the grant of the patent by the CNIPA, any entity or individual considers that the grant of the patent is not in conformity with the relevant provisions of the Patent Law, it or he may request the CNIPA to declare the patent invalid. The request for invalidation shall state in detail the grounds for invalidation, making reference to all the evidence as submitted, and indicate the piece of evidence on which each ground is based. After a request for invalidation is accepted by the CNIPA, the petitioner may add reasons or supplement evidence within one month from the date of filing the invalidation request. Additional reasons or evidence submitted after the specified time limit may be disregarded by the CNIPA. The CNIPA shall send a copy of the invalidation request for the patent and copies of the relevant documents to the patentee and invite it or him or her to present its or his or her observations within a specified time limit. The patentee and the petitioner shall, within the specified time limit, make responses to the notification concerning transmitted documents or the notification concerning the examination of the invalidation request sent by the CNIPA. Where no response is made within the specified time limit, the examination of the CNIPA will not be affected. In the course of the examination of a invalidation request, the time limit specified by the CNIPA shall not be extended. Invalidation Grounds For the invalidation request, one of the following grounds may be used: - the designs do not belong to the definition of design pursuant to the Patent Law; - the inventions-creation is contrary to laws, social morality or is detrimental to public interests; - unpatentable subject matters (e.g. designs of two-dimensional printing goods…); - double patenting; - the principle of good faith was not followed in the patent application; for instance, the patent application is not based on genuine invention-creation activities, and the applicant practices fraud; - the design is a prior design or a conflicting application or lacks obviousness in view of the prior design or combination of prior design features; - the design conflicts with the legal rights acquired by others before the filing date; - the relevant drawings or photographs submitted do not clearly indicate the design of the product for which patent protection is sought; - the amendment to a design patent application goes beyond the scope of the disclosure as shown in the initial drawings or photographs; or - the divisional application goes beyond the scope recorded in the initial application. Res judicata Where, after a decision on any request for invalidation of the patent is made, invalidation based on the same reasons and evidence is requested once again, the CNIPA shall refuse to accept it. Voluntary Amendments The patentee for the design patent concerned may not amend the drawings, photographs or the brief specification of the design. Oral Hearing The CNIPA may, at the request of the parties concerned or in accordance with the needs of the case, decide to hold an oral hearing in respect of a request for invalidation. Where the CNIPA decides to hold an oral hearing in respect of a request for invalidation, it will send notifications to the parties concerned, indicating the date and place of the oral hearing to be held. The parties concerned will make response to the notification within the time limit specified in the notification. Where the petitioner fails to make response to the notification of the oral hearing sent by the CNIPA within the specified time limit, and fails to take part in the oral hearing, the request for invalidation shall be deemed to have been withdrawn. Where the patentee fails to take part in the oral procedure, the CNIPA may proceed to examine by default. Withdrawal of Invalidation Request The invalidation petitioner may withdraw the request before the CNIPA makes a decision on it. Where the petitioner withdraws the request or where the request for invalidation is deemed to have been withdrawn before the CNIPA makes a decision, the examination for the invalidation request is terminated. Where, based on the examination work it has done, the CNIPA finds that it is able to make a decision of invalidation or invalidation in part of the patent, the examination procedure shall not be terminated. Settlement In the invalidation proceedings, one party has the right to settle with the other party on their own. Settlement is a voluntary procedure, but not a mandatory procedure. Recusal The parties or other interested parties may request an examiner to recuse if they find that the examiner has certain relationship with the case or the parties that affects the fairness of the examination and trial. Involving Ownership Dispute Where a patent at issue in the invalidation proceedings involves a dispute over ownership, a party of the dispute case may request to participate in invalidation proceedings. If requesting to participate in the invalidation proceedings, the party of the dispute case shall file a request for participating with documents certifying that the ownership dispute case has been accepted by the court or the local intellectual property administrative department. In the invalidation proceedings, the party of the dispute case can file his/her/its opinion for the Panel’s reference. Involving Early Resolution of Drug Patent Disputes The petitioner shall clearly indicate that the case involves the mechanism for early resolution of drug patent disputes in the Request for Invalidation or shall file relevant evidence showing that the invalidation involves the mechanism for early resolution of drug patent disputes in time. Decision for Invalidation Proceedings The CNIPA shall examine the request for invalidation of the patent promptly, make a decision on it and notify the petitioner and the patentee. The decision for invalidation request, either declaring the patent invalid or upholding the patent, shall be registered and announced by the CNIPA. Where the patentee or the petitioner is not satisfied with the decision of the CNIPA declaring the patent invalid or upholding the patent, such party may, within three months from receipt of the notification of the decision, institute legal proceedings in the people's court. Validity of a Patent Invalidation Decision Any patent which has been declared invalid shall be deemed to be non-existent from the beginning. The decision declaring the patent invalid shall have no retroactive effect on any judgment or mediation decision of patent infringement which has been pronounced and enforced by the people's court, on any decision concerning the handling of a dispute over patent infringement which has been complied with or compulsorily executed, or on any contract of patent license or of assignment of patent which has been performed prior to the declaration of the patent invalid. However, the damage caused to other persons in bad faith on the part of the patentee shall be compensated. If not returning of the monetary damage for patent infringement, the fees for exploitation of the patent or fees for the assignment of the patent, pursuant to the above provisions,  is obviously contrary to the principle of equity, all or part of the preceding damage or fees shall be returned. Patent Rights After the grant of a patent for design, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, offer to sell, sell or import the product incorporating its or his patented design, for production or business purposes. Other Rights and Obligations The patentee shall pay an annual fee beginning with the year in which the patent was granted. The patentee has the right to affix a patent indication on the patented product or on the package of that product. Making the affixation should be in the manner as prescribed by the CNIPA Exercising patent rights shall follow the principle of good faith. The patent rights shall not be abused to harm public interests or the legitimate rights and interests of others. Where any abuse of patent rights, exclusion or restriction of competition constitutes monopolistic behavior, the Anti-Monopoly Law shall apply. Term of a Patent The term of patent for designs shall be fifteen years, counted from the date of filing. Termination of Patents In any of the following cases, the patent shall terminate before the expiration of its duration: (1) where an annual fee is not paid as prescribed; (2) where the patentee abandons his or its patent by a written declaration. Any termination of the patent shall be registered and announced by the CNIPA. Patent Assignment A patent may be assigned. Where a patent is assigned, the parties shall conclude a written contract and register it with the CNIPA. The CNIPA shall announce the registration. Except for the assignment of the patent, where the patent is transferred because of any other reason (e.g. inheritance), the party concerned shall, accompanied by relevant certified documents or legal papers, request the CNIPA to register the change in the owner of the patent. The patent assignment or transfer shall take effect as of the date of registration. Patent Licensing Any entity or individual exploiting the patent of another shall conclude with the patentee a license contract for exploitation and pay the patentee a fee for the exploitation of the patent, patent exploitation fees or royalties. The licensee has no right to authorize any entity or individual, other than that referred to in the contract, to exploit the patent. Any license contract for exploitation of a patent which has been concluded by the patentee with an entity or individual shall, within three months from the date of entry into force of the contract, be submitted to the CNIPA for recording. Open License Basic Principle Where the patentee voluntarily declares in writing to the CNIPA that he/it is willing to license any entity or individual to exploit his/its patent and specifies the payment method and standard of the royalty, the CNIPA shall make an announcement and implement open licensing. Where the open license declaration is made for a design patent, a patent evaluation report shall be provided. The content of an open license declaration shall be accurate, clear and shall not contain commercial advertising. During the implementation period of the open license, the patent annual fee paid by the patentee shall be reduced or exempted accordingly. Any patentee shall not, by means of providing false materials or concealing facts, make open license declarations or obtain annuity reductions during the open license implementation period. Non-applicable Where any patent falls under any of the following circumstances, the patentee shall not implement open license for the patent: 1) the patent is within the validity term of an exclusive or sole license; 2) the patent is involved in suspension due to disputes over patent application rights or patent ownership, or preservation measures in civil cases; 3) the annuity is not paid as required; 4) the patent is pledged, and the consent of the pledgee is not obtained; or 5) other circumstances that hinder the effective exploitation of the patent. Withdrawal Where the patentee withdraws the open license declaration, it shall be submitted in writing and be announced by the CNIPA. Where the open license declaration is withdrawn by announcement, the validity of the open license granted earlier shall not be affected. Procedures Any entity or individual who wishes to exploit an open-licensed patent may notify the patentee in writing and pay the exploitation fee or royalty in accordance with the announced method and standard for royalty payment to obtain a patent license. Where a patent license is granted via open license, the patentee or the licensee shall record the license with the CNIPA based on written documents that can sufficiently prove the grant of the license. Types The patentee who implements open licensing may grant a general license after negotiating with the licensee on exploitation fee or royalty, but may not grant an exclusive or a sole license for the patent. Disputes Where the parties have disputes over the implementation of an open license, the parties may resolve through negotiation; where the parties are unwilling to negotiate or the negotiation fails, they may request the CNIPA for mediation or institute legal proceedings in the people's court. Pledge Where any patent is pledged, both the pledger and the pledgee shall jointly register the contract of pledge with the CNIPA. Patent Protection After the grant of the patent for design, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, offer to sell, sell or import the product incorporating its or his patented design, for production or business purposes. The scope of protection of the patent for design shall be determined by the design of the product as shown in the drawings or photographs. The brief specification may be used to interpret the design of the product as shown in the drawings or photographs. Where a dispute arises as a result of the exploitation of a patent without the authorization of the patentee, that is, the infringement of the patent of the patentee, it shall be settled through consultation by the parties. Where the parties are not willing to consult with each other or where the consultation fails, the patentee or any interested party may institute legal proceedings in the people's court, or request the administrative authority for patent affairs to handle the matter. Where any infringement dispute relates to a patent for design, the people's court or the administrative authority for patent affairs may ask the patentee or any interested party to furnish an evaluation report of patent made by the CNIPA after having conducted search, analysis and evaluation of the relevant design, and use it as evidence for trying or handling the patent infringement dispute; the patentee or interested party or the accused infringer may also initiatively furnish a patent evaluation report. Prescriptive period for instituting legal proceedings concerning the infringement of patent is three years counted from the date on which the patentee or any interested party obtains or should have obtained knowledge of the infringing act. For details on judicial and administrative remedies, please refer to "Outline of CN Patent System II: Patent Protection". Principles for Administration The CNIPA shall handle any patent application and patent-related request according to law and in conformity with the requirements of being objective, fair, accurate and timely. The CNIPA shall strengthen the construction of a patent information public service system, release patent information in a complete, accurate, and timely manner, provide basic patent data, publish patent gazette on a regular basis, and promote the dissemination and utilization of patent information. Integrity The administrative authority for patent affairs may not take part in recommending any patented product for sale to the public or any such commercial activities. Where the administrative authority for patent affairs violates the provisions of the preceding paragraph, it shall be ordered by the authority at the next higher level or the supervisory authority to correct its mistakes and eliminate the bad effects. The illegal earnings, if any, shall be confiscated. Where the circumstances are serious, the persons who are directly in charge and other persons who are directly responsible shall be given sanction in accordance with law. Where any State functionary working for patent administration or any other State functionary concerned neglects his duty, abuses his power, or engages in malpractice for personal gain, which constitutes a crime, shall be prosecuted for his criminal liability in accordance with law. If the case is not serious enough to constitute a crime, he shall be given sanction in accordance with law. Recusal Where any of the following events occurs, any examiner who conducts examination in the procedures of preliminary examination, substantive examination, reexamination or invalidation shall, on his or her own initiative or upon the request of the parties concerned or any other interested person, be recused from exercising his or her function: (1) where he or she is a near relative of the party concerned or the agent of the party concerned; (2) where he or she has an interest in the patent application or the patent at issue; (3) where he or she has any other kinds of relations with the party concerned or with the agent of the party concerned that may influence impartial examination; (4) in reexamination or invalidation proceedings, where he or she has taken part in the examination of the same application. Confidentiality Until the publication or announcement of a patent application, staff members and other persons involved of the CNIPA have the duty to keep i

Legislation The Patent Law is enacted to protect the legitimate rights of the patentee, to encourage inventions-creations, to advance the exploitation of inventions-creations, to enhance innovation capability, and to promote the progress of science and technology and the development of economy and society. Inventions-creations in this article mainly mean utility models. Patent Law & Implementing Regulations Patent Law: Adopted by the Standing Committee of National People's Congress on March 12, 1984 and entered into force on April 1, 1985, amended for the first time on September 4, 1992, amended for the second time on August 25, 2000, amended for the third time on December 27, 2008, amended for the fourth time on October 17, 2020 and entered into force on June 1, 2021. Implementing Regulations: Promulgated by the State Council on January 19, 1985 and entered into force on April 1; amended on December 12, 1992 and entered into force on January 1, 1993; and repealed on July 1, 2001. Promulgated June 15, 2001 and entered into force on July 1, 2001, amended for the first time on December 28, 2002, amended for the second time on January 9, 2010, and amended for the third time on December 11, 2023 and entered into force on January 20, 2024. Conventions China became a member of Convention Establishing the World Intellectual Property Organization on June 4, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Patent Cooperation Treaty (PCT) on January 1, 1994, the Regulations under the Patent Cooperation Treaty on January 1, 1994, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure on July 1, 1995, the Locarno Agreement Establishing an International Classification for Industrial Designs on September 19, 1996, the Strasbourg Agreement Concerning the International Patent Classification on June 19, 1997, the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001, and the Hague Agreement Concerning the International Registration of Industrial Designs on May 5, 2022. Types of Patents There are three types of patents in China: invention patents, utility model patents and design patents. Utility Model Utility model means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. Patent Administration The China National Intellectual Property Administration (CNIPA) is responsible for the patent work throughout the country. It receives and examines patent applications, and grants patents in accordance with the law. The local intellectual property offices in provinces, autonomous regions and municipalities directly are responsible for the administrative work concerning patents in their respective administrative areas. Obtaining a Patent For obtaining a patent, the right holder of invention-creations shall submit a patent application to the CNIPA. After examinations, the CNIPA will grant a patent if the conditions for granting a patent are met. Service Invention-creation An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him mainly by using the material and technical means of the entity is a service invention-creation. "A service invention-creation made by a person in execution of the tasks of the entity to which he belongs" means any invention-creation made (l) in the course of performing his/her own duty; (2) in execution of any task, other than his/her own duty, which was entrusted to him/her by the entity to which he belongs; (3) within one year from his/her retirement, resignation or from termination of his/her employment or personnel relationship with the entity to which he/she previously belonged, where the invention-creation relates to his/her own duty or the other task entrusted to him/her by the entity to which he previously belonged. "The entity to which he belongs" includes the entity in which the person concerned is a temporary staff member. "Material and technical means of the entity" mean the entity's money, equipment, spare parts, raw materials or technical information and materials which are not disclosed to the public, etc. Inventors/Creators Creative Contributions "Inventor" or "creator" means any person who makes creative contributions to the substantive features of an invention-creation. Any person who, during the course of accomplishing the invention-creation, is responsible only for organizational work, or who only offers facilities for making use of material and technical means, or who only takes part in other auxiliary functions, shall not be considered as inventor or creator. Inventor has the right to be named as such in the patent document. Incentives The entity that is granted a patent shall award to the inventor or creator of a service invention-creation a reward and, upon exploitation of the patented invention-creation, shall pay the inventor or creator a reasonable remuneration based on the scope of promotion and application and the economic benefits achieved. The entity may, on the manner and amount of the reward and remuneration mentioned above, enter into a contract with the inventor or creator, or provide it in its rules and regulations formulated in accordance with the laws. Where the entity has not entered into a contract with the inventor or creator on the manner and amount of the reward, nor has the entity provided it in its rules and regulations formulated in accordance with the laws, it shall, within three months from the date of the announcement of the grant of the patent, award to the inventor or creator of a service invention-creation a sum of money as prize. The sum of money prize for a utility model patent shall not be less than RMB 1,500 Yuan. Where an invention-creation is made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity shall award to him or her a money prize on favorable terms. Where the entity has not entered into a contract with the inventor or creator on the manner and amount of the remuneration as above mentioned, nor has the entity provided it in its rules and regulations in accordance with the laws, it shall award the inventor or creator a reasonable reward in accordance with the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements. The state encourages the entities to implement incentives and adopt methods such as equity, stock options, dividends, etc., to ensure that inventors or creators receive a fair share of the innovation benefits. Right to apply for a patent For a service intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee. The entity may dispose of its right to apply for a patent and its patent for its service invention-creation in accordance with the law, and promote the implementation and use of the related invention-creation. For a non-service invention-creation, the right to apply for a patent belongs to the inventor. After the application is approved, the inventor shall be the patentee. In respect of an invention-creation made by a person using the material and technical means of an entity to which he belongs, where the entity and the inventor have entered into an agreement on the right to apply for and own a patent, such agreement shall prevail. For an invention-creation jointly made by two or more entities or individuals, or made by an entity or individual in execution of a commission given to it or him by another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual that made, or to the entities or individuals that jointly made, the invention-creation. After the application is approved, the entity or individual that applied for it shall be the patentee. Co-ownership Where the co-owners of a patent application or a patent have concluded an agreement on the exercising of the right, the agreement shall prevail. In the absence of such agreement, any co-owner may independently exploit the patent or license another party to exploit the patent through non-exclusive license; any fee for the exploitation obtained from licensing others to exploit the patent shall be distributed among the co-owners. Except for the circumstances as provided in the preceding paragraphs, a jointly-owned patent application or patent shall be exercised with the consent of all co-owners. Basic Principles of Application Applying for patents shall follow the principle of good faith. Patent applications shall be filed on the basis of genuine invention-creation activities, and no fraud is allowed. For any identical invention-creation, only one patent shall be granted. Where two or more applicants file applications for patent for the identical invention-creation, the patent shall be granted to the applicant whose application was filed first. (first-to-file rule) Two or more applicants who respectively file, on the same day (referring to the date of filing or the priority date where priority is claimed), patent applications for the identical invention-creation, shall, after receipt of a notification from the CNIPA, hold consultations among themselves to determine the applicant(s). Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity. After a patent application is submitted, the type of patent application cannot be changed. For example, an invention patent application can only be an invention patent application in subsequent procedures, reexamination procedures or divisional application procedures, and cannot be changed to a utility model patent application. Both Filing or Dual Filing Strategy Where an applicant files on the same day applications for both patent for utility model and patent for invention relating to the identical invention-creation, and the applicant declares to abandon the patent for utility model which has been granted and does not terminate, the patent for invention may be granted. Under such strategy, such statement should be included in one application that another patent application for the identical invention-creation has been filed by the same applicant, and similar statement will be included in the request for the another application. Where the CNIPA makes an announcement of the grant of a utility model patent, the statement of the applicant that he or she or it has simultaneously filed an invention patent application shall be announced. Where it is found after examination that there is no cause for rejection of the invention patent application, the CNIPA shall notify the applicant to declare, within the specified time limit, the abandonment of his or her or its utility model patent. If the applicant so declares, the CNIPA shall make the decision to grant an invention patent, and announce at the same time both the grant of the invention patent and the declaration of the applicant to abandon his or her or its utility model patent. If the applicant refuses to abandon his or her or its utility model patent, the CNIPA shall reject the invention patent application. If the applicant fails to respond within the time limit, the invention patent application shall be deemed to have been withdrawn. The utility model patent terminates from the date of the announcement of grant of the invention patent. Unity An application for a patent for utility model shall be limited to one utility model. Two or more utility models belonging to a single general inventive concept may be filed as one application. Two or more utility models belonging to a single general inventive concept shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" shall mean those technical features that define a contribution which each of those utility models, considered as a whole, makes over the prior art. Divisional Applications Where a patent application contains two or more utility models, the applicant may file a divisional application: (1) before the expiration of two months from the date of receipt of the allowance notice; (2) before the expiration of three months from the date of receiving the final rejection decision against which the applicant decides not to request re-examination; (3) before the expiration of three months from the date of receiving the affirmed rejection re-examination decision made by the CNIPA against which the applicant decides not to institute an administrative lawsuit; (4) before the effective date of the Court’s final ruling that affirms the rejection decision of the CNIPA in the administrative lawsuit instituted by the applicant; or (5) before the effective date when the application was withdrawn, or was deemed as having been withdrawn and was not revived. However, where a patent application has been rejected, withdrawn or is deemed to have been withdrawn, no divisional application may be filed. The divisional application may not change the type of the initial application. A divisional application shall be entitled to the filing date and, if priority is claimed, the priority date of the initial application, provided that the divisional application does not go beyond the scope of disclosure contained in the initial application. If an already-filed divisional application has received a lack of unity objection from the CNIPA, the applicant will obtain the chance to file an additional divisional application based on this already-filed divisional application within a specific timeline which is the same as above items (1)-(5). After the expiration of those time limits, no divisional application can be filed based on the already-filed divisional application which has received a lack of unity objection. Applications Required Confidentiality Where a patent application relates to the interests of national defense and is required to be kept secret, the patent application shall be filed with and examined by the national defense intellectual property office. Where a patent application received by the CNIPA relates to the interests of national defense and is required to be kept secret, the application shall be promptly forwarded to the national defense intellectual property office to carry out the examination. Where it is found after examination by the national defense intellectual property office there is no cause for rejection of the application, the CNIPA shall make a decision to grant the national defense patent. Where the CNIPA finds that a utility model patent application filed with it relates to national security or other vital interests other than interests concerning national defense and is required to be kept secret, it shall promptly make a decision on handling it as an application for secret patent and notify the applicant accordingly. The special procedures for the examination and reexamination of application for secret patent as well as the invalidation of secret patent shall be provided for by the CNIPA. Assignment of a Patent Application The right of patent application may be assigned. Where the right of patent application is assigned, the parties shall conclude a written contract and register it with the CNIPA. The CNIPA shall announce the registration. Any assignment, by a Chinese entity or individual, of the right of patent application to a foreigner, a foreign enterprise or any other foreign organization shall proceed by going through such formalities that the Chinese assignor shall first submit a technology export application or register the technology export contract with the foreign trade and economic cooperation department of the State Council in accordance with relevant regulations. After receiving the technology export license or technology export contract registration certificate issued by the foreign trade and economic cooperation department of the State Council, it shall go through the assignment registration procedures with the CNIPA. The assignment shall take effect as of the date of registration. Patent Agency for Patent Applications Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a legally incorporated patent agency to act as its or his agency. Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a legally incorporated patent agency to act as its or his agency. Secrecy review before applying for a patent in a foreign country Where any entity or individual intends to file an application for patent abroad for any utility model made in China, it or he shall request in advance the CNIPA for secrecy review. Any Chinese entity or individual may file an international application for patent in accordance with any international treaty concerned to which China is party. The applicant filing an international application for patent shall comply with the provisions of the preceding paragraph. The utility model made in China refers to a utility model of which the substantive contents of the technical solution were made within the territory of China. For a utility model, if a patent application has been filed in a foreign country in violation of the aforesaid provisions, it shall not be granted a patent while filing application for patent in China. Where any person, in violation of the above provisions, files in a foreign country a patent application that divulges an important secret of the State, he shall be subject to disciplinary sanction by the competent authority. Where a crime is established, the person concerned shall be prosecuted for his criminal liability according to the law. Request for secrecy review may be (1) filed with the detailed description of the related technical schemes; (2) filed on the basis of a Chinese patent application that has been already filed with the CNIPA; or (3) deemed as filed when the applicant files an international PCT application before the CNIPA as a receiving office. What is Unpatentable No patent shall be granted No patent shall be granted for any invention-creation that is contrary to the laws or social morality or that is detrimental to public interest. Any invention-creation that is contrary to the laws shall not include the invention-creation merely because the exploitation of which is prohibited by the laws. No patent shall be granted for any invention-creation where acquisition or use of the genetic resources, on which the development of the invention-creation relies, is not consistent with the provisions of the laws or administrative regulations. For a utility model made in China, if a patent application has been filed in a foreign country in violation of the provisions that a secrecy review shall be request to the CNIPA before the patent application was filed in the foreign country, it shall not be granted a patent while filing application for patent in China. Unpatentable subject matters For any of the following, no patent shall be granted: (1) scientific discoveries; (2) rules and methods for mental activities. Requirements for granting a patent for utility model Any utility model for which a patent may be granted must possess novelty, inventiveness and practical applicability Novelty means that, the utility model does not form part of the prior art; nor has any entity or individual filed previously before the date of filing with the CNIPA an application relating to the identical utility model disclosed in patent application documents published or patent documents announced after the date of filing. Inventiveness means that, as compared with the prior art, the utility model has substantive features and represents progress. Practical applicability means that, the utility model can be made or used and can produce effective results. The prior art referred to herein means any technology known to the public before the date of filing in China or abroad. Priority Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for utility model, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the foreign country and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority. Where, within twelve months from the date on which any applicant first filed in China an application for a patent for utility model, he or it files with the CNIPA an application for a patent for the same subject matter, he or it may enjoy a right of priority. Any applicant who claims the right of priority for a utility model patent shall make a written declaration when the application is filed, and submit, within sixteen months from the date of filing the first application, a copy of the patent application document which was first filed. If the applicant fails to make the written declaration or to meet the time limit for submitting the copy of the patent application document, the claim to the right of priority shall be deemed not to have been made. Where the name or title of the applicant who claims the right of priority is not the same as the one recorded in the copy of the earlier application, the applicant shall submit document certifying the assignment of right of priority. If no such document is submitted, the right of priority shall be deemed not to have been claimed. An applicant may claim one or more priorities for a patent application; where multiple priorities are claimed, the priority period for the application shall be calculated from the earliest priority date. Domestic Priority - Further Circumstances When filing a utility model application, the applicant may claim the domestic priority right of an earlier invention application for the same subject matter, and vice versa. When filing a design application, the applicant may claim the domestic priority right of an earlier invention or a utility model application for the same subject matter as the design shown in the drawings. A later application may not claim domestic priority of an earlier application if the subject matter of the earlier application falls under any of the following: (1) where it has claimed foreign or domestic priority; (2) where it has been granted a patent; (3) where it is a divisional application filed as prescribed. Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn from the date on which the later application is filed, except where the application for a design patent claims an invention or a utility model patent application as the basis for domestic priority. Priority Restoration and Correction (New rule since 2024) Where an applicant, exceeding the twelve months priority term for utility model, files with the CNIPA a utility model patent application on the same subject matter, and has justified reasons, he or she or it may, within two months from the date of expiration of the priority term, request restoration of the priority right. Where an applicant for a utility model patent claims a priority right, he or she or it may, within 16 months from the priority date or within four months from the date of filing an application, request adding or correcting the claim for the priority right in the filing request. Non-prejudicial disclosure An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first made public for the purpose of public interest when a state of emergency or an extraordinary situation occurs in the country; (2) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government; (3) where it was first made public at a prescribed academic or technological meeting; (4) where it was disclosed by any person without the consent of the applicant. The international exhibition recognized by the Chinese Government means the international exhibition that is registered with or recognized by the International Exhibitions Bureau as stipulated by the International Exhibitions Convention. The academic or technological meeting means any academic or technological meeting organized by a competent department concerned of the State Council or by a national academic or technological association, as well as any academic or technological meeting organized by an international organization recognized by a competent department concerned of the State Council. For the situation in the above item (2) or (3), the applicant shall, when filing the application, make a declaration and, within two months from the date of filing, submit certifying documents stating the fact that the invention-creation was exhibited or published and with the date of its exhibition or publication. For the situation in the above item (1) or (4), the CNIPA may, when it deems necessary, require the applicant to submit the relevant certifying documents within the specified time limit. Patent application documents For filing an application for a patent for utility model, a request, a description and its abstract, and claims shall be submitted. Request The request shall state the title of the utility model, the name of the inventor, the name and the address of the applicant and other related matters. Description The description shall set forth the utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; where necessary, drawings are required. The abstract shall state briefly the main technical points of the utility model. The description of a utility model patent application shall state the title of the utility model, which shall be the same as it appears in the request. The description shall include (1) technical field, specifying the technical field to which the technical solution for which protection is sought pertains; (2) background art, indicating the background art which can be regarded as useful for the understanding, searching and examination of the utility model, and when possible, citing the documents reflecting such art; (3) contents of the utility model, disclosing the technical problem the utility model aims to resolve and the technical solution adopted to resolve the problem; and stating, with reference to the prior art, the advantageous effects of the utility model; (4) description of figures, briefly describing each figure in the drawings, if any; (5) embodiments of the utility model, describing in detail the optimally selected embodiments contemplated by the applicant for carrying out the utility model; where appropriate, this shall be done in terms of examples, and with reference to the drawings, if any. The description of a utility model patent application shall include the drawings showing the shape, structure or their combination of the product for which protection is sought. Claims The claims shall be supported by the description and shall define the scope of the patent protection sought for in a clear and concise manner. The technical features mentioned in the claims may, in order to facilitate quicker understanding of the claim, make reference to the corresponding reference signs in the drawings. Such reference signs shall follow the corresponding technical features and be placed in parentheses. The reference signs shall not be construed as limiting the claims. The claims shall have an independent claim, and may also contain dependent claims. The independent claim shall outline the technical solution of a utility model and state the indispensable technical features necessary for resolving its technical problem. The dependent claim shall, by additional technical features, further define the claim which it refers to. Documents Any document submitted shall be in Chinese. The standard scientific and technical terms shall be used if there is a prescribed one set forth by the State. Where no generally accepted translation in Chinese can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated. Date of filing, Application Date The date on which the CNIPA receives the application shall be the date of filing. If the application is sent by mail, the date of mailing indicated by the postmark shall be the date of filing. Withdrawal of applications An applicant may withdraw his or its application for a patent at any time before the patent is granted. When withdrawing a patent application, the applicant shall submit to the CNIPA a declaration stating the title of the invention-creation, the application number and the date of filing. Where a declaration to withdraw a patent application is submitted after the preparations for the publication of the application document has been completed by the CNIPA, the application document shall be published as scheduled. However, the declaration withdrawing the patent application shall be published in the subsequent issue of the Patent Gazette. Amending application documents An applicant may amend his or its application for a patent, but the amendment to the application for a patent for utility model may not go beyond the scope of disclosure recorded in the initial description and claims. Incorporation by Reference (New rule since 2024) Where the claims, specification, or a part of the claims or specification of a utility model patent application is omitted or incorrectly submitted, but the applicant has claimed a priority right of an earlier application on the date of filing the application, he or she or it may, within two months from the date of filing the application or within the time limit designated by the CNIPA, make a supplementary submission by referencing the earlier application documents. If the supplementary documents comply with the relevant provisions, the date of submission of the documents submitted for the first time shall be the date of filing. Examination procedures Filing receipt Where an application for a patent for utility model submitted to the CNIPA meets the requirements for filing, the CNIPA will issue a filing receipt. Voluntary amendments Within two months from the date of filing, the applicant for a utility model patent may amend the utility model application on his or her or its own initiative. Where the applicant amends the application documents after receiving a notification of office action issued by the CNIPA, he or she or it shall make the amendment directed to the defects pointed out by the notification. Preliminary examination If upon preliminary examination the CNIPA finds the application not to be in conformity with the related requirements, it will notify the applicant of its opinions and request him or her or it to state his or her or its observations or to rectify the application within the specified time limit. If the applicant fails to make any response within the specified time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made his or her or its observations or the rectification, the CNIPA still finds that the application is not in conformity with the related provisions, the application shall be rejected. Allowance notice Where it is found after preliminary examination that there is no cause for rejection of the application for a patent for utility model, the CNIPA shall issue an allowance notice/notification to grant a patent for utility model. Registration and Announcement After the CNIPA issues the allowance notice/notification to grant a patent, the applicant shall go through the formalities for registering a patent grant within two months from the date of receipt of the notification. If the applicant completes the formalities of registration within the time limit, the CNIPA shall make a decision to grant a patent, issue the patent certificate, and announce it. If the applicant does not go through the formalities of registration within the time limit, he or she or it shall be deemed to have abandoned his or her or its right to obtain the patent. The patent for utility model shall take effect as of the date of the announcement. The CNIPA shall correct promptly the mistakes in the patent announcements and patent pamphlets once they are discovered, and the corrections shall be announced. Evaluation Reports The applicant may request the CNIPA to make an evaluation report of patent at the time of going through the formalities of patent registration. After the announcement of the decision to grant a utility model patent, the patentee, the interested party, the accused infringer may request the CNIPA to make an evaluation report of patent. The CNIPA shall make a patent evaluation report within two months from receiving of the request for the patent evaluation report, while if the applicant requests a patent evaluation report at the time of going through the formalities of patent registration, the CNIPA shall make the patent evaluation report within two months from the date of the announcement of the grant of the patent. Where two or more persons request for patent evaluation reports in respect of a same utility model patent, the CNIPA shall make one evaluation report only. Any entity or individual may view or copy the patent evaluation report. Reexamination Where an applicant for patent is not satisfied with the decision of the CNIPA rejecting the application, the applicant may, within three months from the date of receipt of the decision, request the CNIPA to make a reexamination, via filing a request for reexamination, stating the reasons and, when necessary, attaching the relevant supporting documents. The petitioner/applicant may amend the patent application when requesting reexamination or making responses to the notification of reexamination of the CNIPA. But the amendments shall be limited only to remove the defects pointed out in the rejection decision or in the notification of reexamination. Where, after reexamination, the CNIPA finds that the request does not comply with relevant provisions or that the patent application otherwise obviously violates the relevant provisions, it shall request the petitioner/applicant to submit the observations within a specified time limit. If no response is made within the time limit, the reexamination request shall be deemed to have been withdrawn. Where, after the petitioner/applicant has made the observations or amendments, the CNIPA still finds that the request does not comply with the relevant provisions, it shall make a reexamination decision to affirm the rejection. Where, after reexamination, the CNIPA finds that the rejection decision does not comply with the relevant provisions, or that the amended application has removed the defects as pointed out by the rejection decision, it shall make a reexamination decision to revoke the rejection decision, and continue the examination procedure. Where the applicant is not satisfied with the reexamination decision of the CNIPA, it or he may, within three months from the date of receipt of the notification, institute legal proceedings in the people's court. Withdrawal of Reexamination Request At any time before the CNIPA makes its reexamination decision, the petitioner/applicant may withdraw its or his or her reexamination request. Where the petitioner/applicant withdraws its or his or her reexamination request before the CNIPA makes its decision, the procedure of reexamination is terminated. Stay or Suspension Any party involving in a dispute over the ownership of the right of patent application or patent, who has already applied for mediation with the administrative authority for patent affairs or instituted legal proceedings before the people's court, may request the CNIPA to stay/suspend the relevant procedures. Where the CNIPA finds that the reasons for suspension submitted by the requesting party are obviously untenable, it may not suspend the relevant procedures. After entering into force of the mediation made by the administrative authority for patent affairs or the judgment rendered by the people's court, the parties concerned shall request the CNIPA to resume the suspended procedure. If, within one year from the date when the request for suspension is filed, no decision is made on the dispute relating to the ownership of the right to apply for a patent or the patent, and it is necessary to continue the suspension, the party who made the request shall, within the time limit, request to extend the suspension. If, at the expiration of the time limit, no such request for extension is filed, the CNIPA shall resume the procedure on its own initiative. Where, in the trial of civil cases, the people's court has ordered the adoption of preservation measures on the right of patent application or patent, the CNIPA shall suspend the relevant procedure concerning the patent application or patent under preservation on the date of receiving the judgment order and the notification on assisting the execution of the order indicated with the application number or the patent number. At the expiration of the time limit for preservation, if there is no order of the people's court to continue the preservation, the CNIPA shall resume the relevant procedure on its own initiative. The suspension of relevant procedures by the CNIPA refers to the suspension of such procedures as preliminary examination, substantive examination, reexamination of a patent application, granting of patent and the announcement of invalidation of patent; the suspension of the procedures on handling the abandonment of patent, changing or transferring patent or right of patent application, pledge of patent and the cessation of patent before the expiration of its duration. Patent Invalidation Where, starting from the date of the announcement of the grant of the patent by the CNIPA, any entity or individual considers that the grant of the patent is not in conformity with the relevant provisions of the Patent Law, it or he may request the CNIPA to declare the patent invalid. The request for invalidation shall state in detail the grounds for invalidation, making reference to all the evidence as submitted, and indicate the piece of evidence on which each ground is based. After a request for invalidation is accepted by the CNIPA, the petitioner may add reasons or supplement evidence within one month from the date of filing the invalidation request. Additional reasons or evidence submitted after the specified time limit may be disregarded by the CNIPA. The CNIPA shall send a copy of the invalidation request for the patent and copies of the relevant documents to the patentee and invite it or him or her to present its or his or her observations within a specified time limit. The patentee and the petitioner shall, within the specified time limit, make responses to the notification concerning transmitted documents or the notification concerning the examination of the invalidation request sent by the CNIPA. Where no response is made within the specified time limit, the examination of the CNIPA will not be affected. In the course of the examination of a invalidation request, the time limit specified by the CNIPA shall not be extended. Invalidation Grounds For the invalidation request, one of the following grounds may be used: - the technical schemes do not belong to the definition of utility model pursuant to the Patent Law; - the inventions-creation is contrary to laws, social morality or is detrimental to public interests; - unpatentable subject matters (e.g. scientific discoveries); - double patenting; - for a utility model made in the territory of China, no request for secrecy review is filed before filing a patent application in a foreign country or region; - the principle of good faith was not followed in the patent application; for instance, the patent application is not based on genuine invention-creation activities, and the applicant practices fraud; - the utility model does not possess novelty, inventiveness or practical applicability; - the description does not set forth the utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; - the claims are not be supported by the description and fail to define the extent of the patent protection sought for in a clear and concise manner; - the independent claims do not outline the technical scheme of the utility mode and lack the indispensable technical features necessary for the scheme to solve the technical problem; - the amendment to a utility model patent application goes beyond the scope of disclosure recorded in the initial description and claims; - the divisional application goes beyond the scope recorded in the initial application. Res judicata Where, after a decision on any request for invalidation of the patent is made, invalidation based on the same reasons and evidence is requested once again, the CNIPA shall refuse to accept it. Voluntary Amendments In the course of the examination of the request for invalidation, the patentee for the utility model patent concerned may amend its or his or her claims, but may not broaden the scope of patent protection. Where the CNIPA makes a decision to maintain the validity of the patent or to declare the patent partially invalid on the basis of the amended claims, it shall publish the amended claims. The patentee for the utility model patent concerned may not amend the description or drawings of the patent. Oral Hearing The CNIPA may, at the request of the parties concerned or in accordance with the needs of the case, decide to hold an oral hearing in respect of a request for invalidation. Where the CNIPA decides to hold an oral hearing in respect of a request for invalidation, it will send notifications to the parties concerned, indicating the date and place of the oral hearing to be held. The parties concerned will make response to the notification within the time limit specified in the notification. Where the petitioner fails to make response to the notification of the oral hearing sent by the CNIPA within the specified time limit, and fails to take part in the oral hearing, the request for invalidation shall be deemed to have been withdrawn. Where the patentee fails to take part in the oral procedure, the CNIPA may proceed to examine by default. Withdrawal of Invalidation Request The invalidation petitioner may withdraw the request before the CNIPA makes a decision on it. Where the petitioner withdraws the request or where the request for invalidation is deemed to have been withdrawn before the CNIPA makes a decision, the examination for the invalidation request is terminated. Where, based on the examination work it has done, the CNIPA finds that it is able to make a decision of invalidation or invalidation in part of the patent, the examination procedure shall not be terminated. Settlement In the invalidation proceedings, one party has the right to settle with the other party on their own. Settlement is a voluntary procedure, but not a mandatory procedure. Recusal The parties or other interested parties may request an examiner to recuse if they find that the examiner has certain relationship with the case or the parties that affects the fairness of the examination and trial. Involving Ownership Dispute Where a patent at issue in the invalidation proceedings involves a dispute over ownership, a party of the dispute case may request to participate in invalidation proceedings. If requesting to participate in the invalidation proceedings, the party of the dispute case shall file a request for participating with documents certifying that the ownership dispute case has been accepted by the court or the local intellectual property administrative department. In the invalidation proceedings, the party of the dispute case can file his/her/its opinion for the Panel’s reference. Involving Early Resolution of Drug Patent Disputes The petitioner shall clearly indicate that the case involves the mechanism for early resolution of drug patent disputes in the Request for Invalidation or shall file relevant evidence showing that the invalidation involves the mechanism for early resolution of drug patent disputes in time. Decision for Invalidation Proceedings The CNIPA shall examine the request for invalidation of the patent promptly, make a decision on it and notify the petitioner and the patentee. The decision for invalidation request, either declaring the patent invalid or upholding the patent, shall be registered and announced by the CNIPA. Where the patentee or the petitioner is not satisfied with the decision of the CNIPA declaring the patent invalid or upholding the patent, such party may, within three months from receipt of the notification of the decision, institute legal proceedings in the people's court. Validity of a Patent Invalidation Decision Any patent which has been declared invalid shall be deemed to be non-existent from the beginning. The decision declaring the patent invalid shall have no retroactive effect on any judgment or mediation decision of patent infringement which has been pronounced and enforced by the people's court, on any decision concerning the handling of a dispute over patent infringement which has been complied with or compulsorily executed, or on any contract of patent license or of assignment of patent which has been performed prior to the declaration of the patent invalid. However, the damage caused to other persons in bad faith on the part of the patentee shall be compensated. If not returning of the monetary damage for patent infringement, the fees for exploitation of the patent or fees for the assignment of the patent, pursuant to the above provisions,  is obviously contrary to the principle of equity, all or part of the preceding damage or fees shall be returned. Patent Rights After the grant of a patent for utility model, except where otherwise provided for in the Patent Law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product,, for production or business purposes. Other Rights and Obligations The patentee shall pay an annual fee beginning with the year in which the patent was granted. The patentee has the right to affix a patent indication on the patented product or on the package of that product. Making the affixation should be in the manner as prescribed by the CNIPA Exercising patent rights shall follow the principle of good faith. The patent rights shall not be abused to harm public interests or the legitimate rights and interests of others. Where any abuse of patent rights, exclusion or restriction of competition constitutes monopolistic behavior, the Anti-Monopoly Law shall apply. Term of a Patent The term of patent for utility models shall be ten years, counted from the date of filing. Termination of Patents In any of the following cases, the patent shall terminate before the expiration of its duration: (1) where an annual fee is not paid as prescribed; (2) where the patentee abandons his or its patent by a written declaration. Any termination of the patent shall be registered and announced by the CNIPA. Patent Assignment A patent may be assigned. Where a patent is assigned, the parties shall conclude a written contract and register it with the

Legislation The Patent Law is enacted to protect the legitimate rights of the patentee, to encourage inventions-creations, to advance the exploitation of inventions-creations, to enhance innovation capability, and to promote the progress of science and technology and the development of economy and society. Inventions-creations in this article mainly mean inventions. Patent Law & Implementing Regulations Patent Law: Adopted by the Standing Committee of National People's Congress on March 12, 1984 and entered into force on April 1, 1985, amended for the first time on September 4, 1992, amended for the second time on August 25, 2000, amended for the third time on December 27, 2008, amended for the fourth time on October 17, 2020 and entered into force on June 1, 2021. Implementing Regulations: Promulgated by the State Council on January 19, 1985 and entered into force on April 1; amended on December 12, 1992 and entered into force on January 1, 1993; and repealed on July 1, 2001. Promulgated June 15, 2001 and entered into force on July 1, 2001, amended for the first time on December 28, 2002, amended for the second time on January 9, 2010, and amended for the third time on December 11, 2023 and entered into force on January 20, 2024. Conventions China became a member of Convention Establishing the World Intellectual Property Organization on June 4, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Patent Cooperation Treaty (PCT) on January 1, 1994, the Regulations under the Patent Cooperation Treaty on January 1, 1994, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure on July 1, 1995, the Locarno Agreement Establishing an International Classification for Industrial Designs on September 19, 1996, the Strasbourg Agreement Concerning the International Patent Classification on June 19, 1997, the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001, and the Hague Agreement Concerning the International Registration of Industrial Designs on May 5, 2022. Types of Patents There are three types of patents in China: invention patents, utility model patents and design patents. Invention Invention means any new technical solution relating to a product, a process or improvement thereof. Patent Administration The China National Intellectual Property Administration (CNIPA) is responsible for the patent work throughout the country. It receives and examines patent applications, and grants patents in accordance with the law. The local intellectual property offices in provinces, autonomous regions and municipalities directly are responsible for the administrative work concerning patents in their respective administrative areas. Obtaining a Patent For obtaining a patent, the right holder of invention-creations shall submit a patent application to the CNIPA. After examinations, the CNIPA will grant a patent if the conditions for granting a patent are met. Service Invention-creation An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him mainly by using the material and technical means of the entity is a service invention-creation. "A service invention-creation made by a person in execution of the tasks of the entity to which he belongs" means any invention-creation made (l) in the course of performing his/her own duty; (2) in execution of any task, other than his/her own duty, which was entrusted to him/her by the entity to which he belongs; (3) within one year from his/her retirement, resignation or from termination of his/her employment or personnel relationship with the entity to which he/she previously belonged, where the invention-creation relates to his/her own duty or the other task entrusted to him/her by the entity to which he previously belonged. "The entity to which he belongs" includes the entity in which the person concerned is a temporary staff member. "Material and technical means of the entity" mean the entity's money, equipment, spare parts, raw materials or technical information and materials which are not disclosed to the public, etc. Inventors/Creators Creative Contributions "Inventor" or "creator" means any person who makes creative contributions to the substantive features of an invention-creation. Any person who, during the course of accomplishing the invention-creation, is responsible only for organizational work, or who only offers facilities for making use of material and technical means, or who only takes part in other auxiliary functions, shall not be considered as inventor or creator. Inventor has the right to be named as such in the patent document. Incentives The entity that is granted a patent shall award to the inventor or creator of a service invention-creation a reward and, upon exploitation of the patented invention-creation, shall pay the inventor or creator a reasonable remuneration based on the scope of promotion and application and the economic benefits achieved. The entity may, on the manner and amount of the reward and remuneration mentioned above, enter into a contract with the inventor or creator, or provide it in its rules and regulations formulated in accordance with the laws. Where the entity has not entered into a contract with the inventor or creator on the manner and amount of the reward, nor has the entity provided it in its rules and regulations formulated in accordance with the laws, it shall, within three months from the date of the announcement of the grant of the patent, award to the inventor or creator of a service invention-creation a sum of money as prize. The sum of money prize for an invention patent shall not be less than RMB 4,000 Yuan. Where an invention-creation is made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity shall award to him or her a money prize on favorable terms. Where the entity has not entered into a contract with the inventor or creator on the manner and amount of the remuneration as above mentioned, nor has the entity provided it in its rules and regulations in accordance with the laws, it shall award the inventor or creator a reasonable reward in accordance with the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements. The state encourages the entities to implement incentives and adopt methods such as equity, stock options, dividends, etc., to ensure that inventors or creators receive a fair share of the innovation benefits. Right to apply for a patent For a service intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee. The entity may dispose of its right to apply for a patent and its patent for its service invention-creation in accordance with the law, and promote the implementation and use of the related invention-creation. For a non-service invention-creation, the right to apply for a patent belongs to the inventor. After the application is approved, the inventor shall be the patentee. In respect of an invention-creation made by a person using the material and technical means of an entity to which he belongs, where the entity and the inventor have entered into an agreement on the right to apply for and own a patent, such agreement shall prevail. For an invention-creation jointly made by two or more entities or individuals, or made by an entity or individual in execution of a commission given to it or him by another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual that made, or to the entities or individuals that jointly made, the invention-creation. After the application is approved, the entity or individual that applied for it shall be the patentee. Co-ownership Where the co-owners of a patent application or a patent have concluded an agreement on the exercising of the right, the agreement shall prevail. In the absence of such agreement, any co-owner may independently exploit the patent or license another party to exploit the patent through non-exclusive license; any fee for the exploitation obtained from licensing others to exploit the patent shall be distributed among the co-owners. Except for the circumstances as provided in the preceding paragraphs, a jointly-owned patent application or patent shall be exercised with the consent of all co-owners. Basic Principles of Application Applying for patents shall follow the principle of good faith. Patent applications shall be filed on the basis of genuine invention-creation activities, and no fraud is allowed. For any identical invention-creation, only one patent shall be granted. Where two or more applicants file applications for patent for the identical invention-creation, the patent shall be granted to the applicant whose application was filed first. (first-to-file rule) Two or more applicants who respectively file, on the same day (referring to the date of filing or the priority date where priority is claimed), patent applications for the identical invention-creation, shall, after receipt of a notification from the CNIPA, hold consultations among themselves to determine the applicant(s). Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity. After a patent application is submitted, the type of patent application cannot be changed. For example, an invention patent application can only be an invention patent application in subsequent procedures, reexamination procedures or divisional application procedures, and cannot be changed to a utility model patent application. Both Filing or Dual Filing Strategy Where an applicant files on the same day applications for both patent for utility model and patent for invention relating to the identical invention-creation, and the applicant declares to abandon the patent for utility model which has been granted and does not terminate, the patent for invention may be granted. Under such strategy, such statement should be included in one application that another patent application for the identical invention-creation has been filed by the same applicant, and similar statement will be included in the request for the another application. Where the CNIPA makes an announcement of the grant of a utility model patent, the statement of the applicant that he or she or it has simultaneously filed an invention patent application shall be announced. Where it is found after examination that there is no cause for rejection of the invention patent application, the CNIPA shall notify the applicant to declare, within the specified time limit, the abandonment of his or her or its utility model patent. If the applicant so declares, the CNIPA shall make the decision to grant an invention patent, and announce at the same time both the grant of the invention patent and the declaration of the applicant to abandon his or her or its utility model patent. If the applicant refuses to abandon his or her or its utility model patent, the CNIPA shall reject the invention patent application. If the applicant fails to respond within the time limit, the invention patent application shall be deemed to have been withdrawn. The utility model patent terminates from the date of the announcement of grant of the invention patent. Unity An application for a patent for invention shall be limited to one invention. Two or more inventions belonging to a single general inventive concept may be filed as one application. Two or more inventions belonging to a single general inventive concept shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" shall mean those technical features that define a contribution which each of those inventions, considered as a whole, makes over the prior art. Divisional Applications Where a patent application contains two or more inventions, the applicant may file a divisional application: (1) before the expiration of two months from the date of receipt of the allowance notice; (2) before the expiration of three months from the date of receiving the final rejection decision against which the applicant decides not to request re-examination; (3) before the expiration of three months from the date of receiving the affirmed rejection re-examination decision made by the CNIPA against which the applicant decides not to institute an administrative lawsuit; (4) before the effective date of the Court’s final ruling that affirms the rejection decision of the CNIPA in the administrative lawsuit instituted by the applicant; or (5) before the effective date when the application was withdrawn, or was deemed as having been withdrawn and was not revived. However, where a patent application has been rejected, withdrawn or is deemed to have been withdrawn, no divisional application may be filed. The divisional application may not change the type of the initial application. A divisional application shall be entitled to the filing date and, if priority is claimed, the priority date of the initial application, provided that the divisional application does not go beyond the scope of disclosure contained in the initial application. If an already-filed divisional application has received a lack of unity objection from the CNIPA, the applicant will obtain the chance to file an additional divisional application based on this already-filed divisional application within a specific timeline which is the same as above items (1)-(5). After the expiration of those time limits, no divisional application can be filed based on the already-filed divisional application which has received a lack of unity objection. Applications Required Confidentiality Where a patent application relates to the interests of national defense and is required to be kept secret, the patent application shall be filed with and examined by the national defense intellectual property office. Where a patent application received by the CNIPA relates to the interests of national defense and is required to be kept secret, the application shall be promptly forwarded to the national defense intellectual property office to carry out the examination. Where it is found after examination by the national defense intellectual property office there is no cause for rejection of the application, the CNIPA shall make a decision to grant the national defense patent. Where the CNIPA finds that an invention patent application filed with it relates to national security or other vital interests other than interests concerning national defense and is required to be kept secret, it shall promptly make a decision on handling it as an application for secret patent and notify the applicant accordingly. The special procedures for the examination and reexamination of application for secret patent as well as the invalidation of secret patent shall be provided for by the CNIPA. Assignment of a Patent Application The right of patent application may be assigned. Where the right of patent application is assigned, the parties shall conclude a written contract and register it with the CNIPA. The CNIPA shall announce the registration. Any assignment, by a Chinese entity or individual, of the right of patent application to a foreigner, a foreign enterprise or any other foreign organization shall proceed by going through such formalities that the Chinese assignor shall first submit a technology export application or register the technology export contract with the foreign trade and economic cooperation department of the State Council in accordance with relevant regulations. After receiving the technology export license or technology export contract registration certificate issued by the foreign trade and economic cooperation department of the State Council, it shall go through the assignment registration procedures with the CNIPA. The assignment shall take effect as of the date of registration. Provisional Protection for Invention Applications After the publication of an invention patent application, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee. Patent Agency for Patent Applications Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a legally incorporated patent agency to act as its or his agency. Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a legally incorporated patent agency to act as its or his agency. Secrecy review before applying for a patent in a foreign country Where any entity or individual intends to file an application for patent abroad for any invention made in China, it or he shall request in advance the CNIPA for secrecy review. Any Chinese entity or individual may file an international application for patent in accordance with any international treaty concerned to which China is party. The applicant filing an international application for patent shall comply with the provisions of the preceding paragraph. The invention made in China refers to an invention of which the substantive contents of the technical solution were made within the territory of China. For an invention, if a patent application has been filed in a foreign country in violation of the aforesaid provisions, it shall not be granted a patent while filing application for patent in China. Where any person, in violation of the above provisions, files in a foreign country a patent application that divulges an important secret of the State, he shall be subject to disciplinary sanction by the competent authority. Where a crime is established, the person concerned shall be prosecuted for his criminal liability according to the law. Request for secrecy review may be (1) filed with the detailed description of the related technical schemes; (2) filed on the basis of a Chinese patent application that has been already filed with the CNIPA; or (3) deemed as filed when the applicant files an international PCT application before the CNIPA as a receiving office. What is Unpatentable No patent shall be granted No patent shall be granted for any invention-creation that is contrary to the laws or social morality or that is detrimental to public interest. Any invention-creation that is contrary to the laws shall not include the invention-creation merely because the exploitation of which is prohibited by the laws. No patent shall be granted for any invention-creation where acquisition or use of the genetic resources, on which the development of the invention-creation relies, is not consistent with the provisions of the laws or administrative regulations. For an invention made in China, if a patent application has been filed in a foreign country in violation of the provisions that a secrecy review shall be request to the CNIPA before the patent application was filed in the foreign country, it shall not be granted a patent while filing application for patent in China. Unpatentable subject matters For any of the following, no patent shall be granted: (1) scientific discoveries; (2) rules and methods for mental activities; (3) methods for the diagnosis or for the treatment of diseases; (4) animal and plant varieties; (5) nuclear transformation methods and substances obtained by means of nuclear transformation. However, processes used in producing animal and plant varieties are patentable subject matters. Requirements for granting a patent for invention Any invention for which a patent may be granted must possess novelty, inventiveness and practical applicability Novelty means that, the invention does not form part of the prior art; nor has any entity or individual filed previously before the date of filing with the CNIPA an application relating to the identical invention disclosed in patent application documents published or patent documents announced after the date of filing. Inventiveness means that, as compared with the prior art, the invention has prominent substantive features and represents a notable progress. Practical applicability means that, the invention can be made or used and can produce effective results. The prior art referred to herein means any technology known to the public before the date of filing in China or abroad. Priority Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for invention, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the foreign country and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority. Where, within twelve months from the date on which any applicant first filed in China an application for a patent for invention, he or it files with the CNIPA an application for a patent for the same subject matter, he or it may enjoy a right of priority. Any applicant who claims the right of priority for an invention patent shall make a written declaration when the application is filed, and submit, within sixteen months from the date of filing the first application, a copy of the patent application document which was first filed. If the applicant fails to make the written declaration or to meet the time limit for submitting the copy of the patent application document, the claim to the right of priority shall be deemed not to have been made. Where the name or title of the applicant who claims the right of priority is not the same as the one recorded in the copy of the earlier application, the applicant shall submit document certifying the assignment of right of priority. If no such document is submitted, the right of priority shall be deemed not to have been claimed. An applicant may claim one or more priorities for a patent application; where multiple priorities are claimed, the priority period for the application shall be calculated from the earliest priority date. Domestic Priority - Further Circumstances When filing a utility model application, the applicant may claim the domestic priority right of an earlier invention application for the same subject matter, and vice versa. When filing a design application, the applicant may claim the domestic priority right of an earlier invention or a utility model application for the same subject matter as the design shown in the drawings. A later application may not claim domestic priority of an earlier application if the subject matter of the earlier application falls under any of the following: (1) where it has claimed foreign or domestic priority; (2) where it has been granted a patent; (3) where it is a divisional application filed as prescribed. Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn from the date on which the later application is filed, except where the application for a design patent claims an invention or a utility model patent application as the basis for domestic priority. Priority Restoration and Correction (New rule since 2024) Where an applicant, exceeding the twelve months priority term for invention, files with the CNIPA an invention patent application on the same subject matter, and has justified reasons, he or she or it may, within two months from the date of expiration of the priority term, request restoration of the priority right. Where an applicant for an invention patent claims a priority right, he or she or it may, within 16 months from the priority date or within four months from the date of filing an application, request adding or correcting the claim for the priority right in the filing request. Non-prejudicial disclosure An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first made public for the purpose of public interest when a state of emergency or an extraordinary situation occurs in the country; (2) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government; (3) where it was first made public at a prescribed academic or technological meeting; (4) where it was disclosed by any person without the consent of the applicant. The international exhibition recognized by the Chinese Government means the international exhibition that is registered with or recognized by the International Exhibitions Bureau as stipulated by the International Exhibitions Convention. The academic or technological meeting means any academic or technological meeting organized by a competent department concerned of the State Council or by a national academic or technological association, as well as any academic or technological meeting organized by an international organization recognized by a competent department concerned of the State Council. For the situation in the above item (2) or (3), the applicant shall, when filing the application, make a declaration and, within two months from the date of filing, submit certifying documents stating the fact that the invention-creation was exhibited or published and with the date of its exhibition or publication. For the situation in the above item (1) or (4), the CNIPA may, when it deems necessary, require the applicant to submit the relevant certifying documents within the specified time limit. Patent application documents For filing an application for a patent for invention, a request, a description and its abstract, and claims shall be submitted. Request The request shall state the title of the invention, the name of the inventor, the name and the address of the applicant and other related matters. Description The description shall set forth the invention in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; where necessary, drawings are required. The abstract shall state briefly the main technical points of the invention. The description of an invention patent application shall state the title of the invention, which shall be the same as it appears in the request. The description shall include (1) technical field, specifying the technical field to which the technical solution for which protection is sought pertains; (2) background art, indicating the background art which can be regarded as useful for the understanding, searching and examination of the invention, and when possible, citing the documents reflecting such art; (3) contents of the invention, disclosing the technical problem the invention aims to resolve and the technical solution adopted to resolve the problem; and stating, with reference to the prior art, the advantageous effects of the invention; (4) description of figures, briefly describing each figure in the drawings, if any; (5) embodiments of the invention, describing in detail the optimally selected embodiments contemplated by the applicant for carrying out the invention; where appropriate, this shall be done in terms of examples, and with reference to the drawings, if any. Where an invention patent application contains disclosure of one or more nucleotide and/or amino acid sequences, the description shall contain a sequence listing in compliance with the standard prescribed by the CNIPA. Claims The claims shall be supported by the description and shall define the scope of the patent protection sought for in a clear and concise manner. The technical features mentioned in the claims may, in order to facilitate quicker understanding of the claim, make reference to the corresponding reference signs in the drawings. Such reference signs shall follow the corresponding technical features and be placed in parentheses. The reference signs shall not be construed as limiting the claims. The claims shall have an independent claim, and may also contain dependent claims. The independent claim shall outline the technical solution of an invention and state the indispensable technical features necessary for resolving its technical problem. The dependent claim shall, by additional technical features, further define the claim which it refers to. Documents Any document submitted shall be in Chinese. The standard scientific and technical terms shall be used if there is a prescribed one set forth by the State. Where no generally accepted translation in Chinese can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated. Genetic Resources Where an invention-creation is developed relying on the genetic resources, the applicant shall indicate, in the application documents, the direct and original source of such genetic resources; where the applicant fails to indicate the original source, he or it shall state the reasons thereof. The genetic resources mean the material obtained from such as human body, animal, plant, or microorganism which contains functional units of heredity and is of actual or potential value and the hereditary information developed relying on the use of such material. The invention-creation is developed relying on the genetic resources means that the invention-creation is developed relying on the use of the heredity function of the genetic resources. Where a patent application is filed for an invention-creation the development of which relies on the use of genetic resources, the applicant shall state that fact in the request, and fill in the forms provided by the CNIPA. Biomaterial Deposit Where an invention patent application concerns a new biological material which is not available to the public and which cannot be described in the application in such a manner as to enable the invention to be carried out by a person skilled in the art, the applicant shall, in addition to the other requirements by the Patent Law and its Implementing Regulations, go through the following formalities: (1) depositing a sample of the biological material with a depositary institution designated by the CNIPA before, or at the latest, on the date of filing (or the priority date where priority is claimed), and submit at the time of filing or at the latest, within four months from the date of filing, a receipt of deposit and the viability proof from the depository institution; where they are not submitted within the specified time limit, the sample of the biological material shall be deemed not to have been deposited; (2) including in the application document relevant information of the characteristics of the biological material; (3) indicating, where the application relates to the deposit of a sample of the biological material, in the request and the description the scientific name (with its Latin name) and the title and address of the depositary institution, the date on which the sample of the biological material was deposited and the accession number of the deposit; where, at the time of filing, they are not indicated, they shall be supplied within four months from the date of filing; where after the expiration of the time limit they are not supplied, the sample of the biological material shall be deemed not to have been deposited. Where the applicant for an invention patent has deposited a sample of the biological material, and after the invention patent application is published, any entity or individual that intends to make use of the biological material to which the application relates, for the purpose of experiment, shall make a request to the CNIPA, containing the title or name and address of the requesting person, an undertaking not to make the biological material available to any other person, and an undertaking to use the biological material for experimental purpose only before the grant of the patent. Date of filing, Application Date The date on which the CNIPA receives the application shall be the date of filing. If the application is sent by mail, the date of mailing indicated by the postmark shall be the date of filing. Withdrawal of applications An applicant may withdraw his or its application for a patent at any time before the patent is granted. When withdrawing a patent application, the applicant shall submit to the CNIPA a declaration stating the title of the invention-creation, the application number and the date of filing. Where a declaration to withdraw a patent application is submitted after the preparations for the publication of the application document has been completed by the CNIPA, the application document shall be published as scheduled. However, the declaration withdrawing the patent application shall be published in the subsequent issue of the Patent Gazette. Amending application documents An applicant may amend his or its application for a patent, but the amendment to the application for a patent for invention may not go beyond the scope of disclosure recorded in the initial description and claims. Incorporation by Reference (New rule since 2024) Where the claims, specification, or a part of the claims or specification of an invention patent application is omitted or incorrectly submitted, but the applicant has claimed a priority right of an earlier application on the date of filing the application, he or she or it may, within two months from the date of filing the application or within the time limit designated by the CNIPA, make a supplementary submission by referencing the earlier application documents. If the supplementary documents comply with the relevant provisions, the date of submission of the documents submitted for the first time shall be the date of filing. Examination procedures Filing receipt, preliminary examination and publication Where an application for a patent for invention submitted to the CNIPA meets the requirements for filing, the CNIPA will accord the date of filing, assign an application number and issue a filing receipt. While further preliminary examination, if the CNIPA finds the application to be in conformity with the related requirements, it shall publish the application promptly after the expiration of eighteen months from the date of filing. If upon preliminary examination the CNIPA finds the application not to be in conformity with the related requirements, it will notify the applicant of its opinions and request him or her or it to state his or her or its observations or to rectify the application within the specified time limit. If the applicant fails to make any response within the specified time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made his or her or its observations or the rectification, the CNIPA still finds that the application is not in conformity with the related provisions, the application shall be rejected. Earlier publication Where the applicant requests an earlier publication of his or her or its invention patent application, the CNIPA will, after preliminary examination of the application, publish it immediately, unless it is to be rejected. Deferred examination The applicant may request a deferred examination for its patent application. Voluntary amendments At the time when a request for substantive examination is filed, and within three months after the receipt of the notification on the entry into substantive examination stage issued by the CNIPA, the applicant may amend the invention patent application on his or her or its own initiative. Substantive examination Upon the request of the applicant, made at any time within three years from the date of filing, the CNIPA will proceed to substantively examine the application. If, without any justified reason, the applicant fails to meet the time limit for requesting substantive examination, the application shall be deemed to have been withdrawn. The CNIPA may, on its own initiative, proceed to substantively examine any application for a patent for invention when it deems it necessary. When the applicant requests substantive examination, he or it shall furnish pre-filing date reference materials concerning the invention. For an application for a patent for invention that has been already filed in a foreign country, the CNIPA may ask the applicant to furnish within a specified time limit documents concerning any search made for the purpose of examining that application, or concerning the results of any examination made, in that country. If, at the expiration of the specified time limit, without any justified reason, the documents are not furnished, the application shall be deemed to have been withdrawn. Where the applicant for an invention patent cannot furnish, for justified reasons, the documents concerning any search or results of any examination specified above, he or she or it shall make a statement to the CNIPA and submit them when the documents are available. Where the CNIPA, after it has made the substantive examination of the application for a patent for invention, finds that the application is not in conformity with the provisions of this Law, it shall notify the applicant and request him or it to submit, within a specified time limit, his or its observations or to amend the application. If, without any justified reason, the time limit for making response is not met, the application shall be deemed to have been withdrawn. Where the applicant amends the application documents after receiving a notification of office action issued by the CNIPA, he or she or it shall make the amendment directed to the defects pointed out by the notification. Where, after the applicant has made the observations or amendments, the CNIPA finds that the application for a patent for invention is still not in conformity with the related provisions, the application shall be rejected. The circumstances where an invention patent application shall be rejected by the CNIPA after substantive examination are as follows: (1) the invention is contrary to laws, social morality or is detrimental to public interests; the acquisition or use of genetic resources on which the invention relies violates the provisions of laws and regulations; the invention is unpatentable subject matters (e.g. scientific discoveries, rules and methods for mental activities…); or involved double patenting issue; (2) the technical schemes do not belong to the definition of invention in the Patent Law; for an invention made in the territory of China, no request for secrecy review is filed before filing a patent application in a foreign country or region; the invention does not possess novelty, inventiveness or practical applicability; the description does not set forth the invention in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; the claims are not be supported by the description and fail to define the scope of the patent protection sought for in a clear and concise manner; where an invention is developed relying on the genetic resources, the applicant failed to indicate, in the application documents, the direct and original source of such genetic resources; where the applicant fails to indicate the original source, he or it failed to state the reasons thereof; or two or more inventions do not belong to a single general inventive concept; the application does not follow the principle of good faith (e.g. not based on genuine invention activities, fraud is found in practice); or the independent claim does not outline the technical solution of an invention and state the indispensable technical features for resolving the technical problem; (3) the amendment to the application goes beyond the scope of disclosure recorded in the initial description and claims; or the divisional application goes beyond the scope of disclosure recorded in the initial application. Third-party’s opinions Any person or entity may, from the date of publication of an invention patent application till the date of announcing the grant of the patent, submit observations to the CNIPA , with reasons therefor, on the application which is not in conformity with the provisions of the Patent Law. Allowance notice Where it is found after substantive examination that there is no cause for rejection of the application for a patent for invention, the CNIPA shall issues the allowance notice/notification to grant a patent for invention. If no grounds for rejection are found in a secret patent application after examination, the CNIPA shall make a decision to grant the secret patent. Registration and Announcement After the CNIPA issues the allowance notice/notification to grant a patent, the applicant shall go through the formalities for registering a patent grant within two months from the date of receipt of the notification. If the applicant completes the formalities of registration within the time limit, the CNIPA shall make a decision to grant a patent, issue the patent certificate, and announce it. If the applicant does not go through the formalities of registration within the time limit, he or she or it shall be deemed to have abandoned his or her or its right to obtain the patent. The patent for invention shall take effect as of the date of the announcement. The CNIPA shall correct promptly the mistakes in the patent announcements and patent pamphlets once they are discovered, and the corrections shall be announced. Reexamination Where an applicant for patent is not satisfied with the decision of the CNIPA rejecting the application, the applicant may, within three months from the date of receipt of the decision, request the CNIPA to make a reexamination, via filing a request for reexamination, stating the reasons and, when necessary, attaching the relevant supporting documents. The petitioner/applicant may amend the patent application when requesting reexamination or making responses to the notification of reexamination of the CNIPA. But the amendments shall be limited only to remove the defects pointed out in the rejection decision or in the notification of reexamination. Where, after reexamination, the CNIPA finds that the request does not comply with relevant provisions or that the patent application otherwise obviously violates the relevant provisions, it shall request the petitioner/applicant to submit the observations within a specified time limit. If no response is made within the time limit, the reexamination request shall be deemed to have been withdrawn. Where, after the petitioner/applicant has made the observations or amendments, the CNIPA still finds that the request does not comply with the relevant provisions, it shall make a reexamination decision to affirm the rejection. Where, after reexamination, the CNIPA finds that the rejection decision does not comply with the relevant provisions, or that the amended application has removed the defects as pointed out by the rejection decision, it shall make a reexamination decision to revoke the rejection decision, and continue the examination procedure. Where the applicant is not satisfied with the reexamination decision of the CNIPA, it or he may, within three months from the date of receipt of the notification, institute legal proceedings in the people's court. Withdrawal of Reexamination Request At any time before the CNIPA makes its reexamination decision, the petitioner/applicant may withdraw its or his or her reexamination request. Where the petitioner withdraws its or his or her reexamination request before the CNIPA makes its decision, the procedure of reexamination is terminated. Stay or Suspension Any party involving in a dispute over the ownership of the right of patent application or patent, who has already applied for mediation with the administrative authority for patent affairs or instituted legal proceedings before the people's court, may request the CNIPA to stay/suspend the relevant procedures. Where the CNIPA finds that the reasons for suspension submitted by the requesting party are obviously untenable, it may not suspend the relevant procedures. After entering into force of the mediation made by the administrative authority for patent affairs or the judgment rendered by the people's court, the parties concerned shall request the CNIPA to resume the suspended procedure. If, within one year from the date when the request for suspension is filed, no decision is made on the dispute relating to the ownership of the right to apply for a patent or the patent, and it is necessary to continue the suspension, the party who made the request shall, within the time limit, request to extend the suspension. If, at the expiration of the  time limit, no such request for extension is filed, the CNIPA shall resume the procedure on its own initiative. Where, in the trial of civil cases, the people's court has ordered the adoption of preservation measures on the right of patent application or patent, the CNIPA shall suspend the relevant procedure concerning the patent application or patent under preservation on the date of receiving the judgment order and the notification on assisting the execution of the order indicated with the application number or the patent number. At the expiration of the time limit for preservation, if there is no order of the people's court to continue the preservation, the CNIPA shall resume the relevant procedure on its own initiative. The suspension of relevant procedures by the CNIPA refers to the suspension of such procedures as preliminary examination, substantive examination, reexamination of a patent application, granting of patent and the announcement of invalidation of patent; the suspension of the procedures on handling the abandonment of patent, changing or transferring patent or right of patent application, pledge of patent and the cessation of patent before the expiration of its duration. Patent Invalidation Where, starting from the date of the announcement of the grant of the patent by the CNIPA, any entity or individual considers that the grant of the patent is not in conformity with the relevant provisions of the Patent Law, it or he may request the CNIPA to declare the patent invalid. The request for invalidation shall state in detail the grounds for invalidation, making reference to all the evidence as submitted, and indicate the piece of evidence on which each ground is based. After a request for invalidation is accepted by the CNIPA, the petitioner may add reasons or supplement evidence within one month from the date of filing the invalidation request. Additional reasons or evidence submitted after the specified time limit may be disregarded by the CNIPA. The CNIPA shall send a copy of the invalidation request for the patent and copies of the relevant documents to the patentee and invite it or him or her to present its or his or her observations within a specified time limit. The patentee and the petitioner shall, within the specified time limit, make responses to the notification concerning transmitted documents or the notification concerning the examination of the invalidation request sent by the CNIPA. Where no response is made within the specified time limit, the examination of the CNIPA will not be affected. In the course of the examination of a invalidation request, the time limit specified by the CNIPA shall not be extended. Invalidation Grounds For the invalidation request, one of the following grounds may be used: - the technical schemes do not belong to the definition of invention pursuant to the Patent Law; - the inventions-creation is contrary to laws, social morality or is detrimental to public interests; - unpatentable subject matters (e.g. scientific discoveries, rules and methods for mental activit