Provisional Protection For Chinese Invention Patent Applications

In China, invention patent applications are subject to an "early publication, late examination" system, in which applications are published after the expiration of a period of 18 months, and granted in four to five years, from the filing date. The grant of a patent marks the start of the formal protection provided by the Patent Law of China for the invention pertained in the patent. From then on, the patentee may exercise his exclusive ownership and take action against others' infringement such as "manufacturing, using, offering to sell, selling and importing the patented product, or using the patented process, and using, offering to sell, selling and importing products directly obtained by the patented process, for production or business purposes".