Fees of Patent (Invention, Utility Model, Design) Application in China
| Invention PatentScope of Application: Technical solutions (new products, processes, or improvements) Required Materials: 1. Application form 2. Specification (including background technology, invention content, and detailed description) 3. Claims (define protection scope and core technical points) 4. Drawings (if applicable) 5. Abstract 6. Applicant and inventor information 7. Power of attorney Notes: 3–5 years examination period; substantive examination fee required. Utility Model PatentScope: product shape, structure or combination Required Materials: 1.Application form 2.Specification (brief description) 3.Claims 4.Drawings (required) 5.Abstract 6.Applicant and inventor information 7.Power of attorney Faster examination (approximately 6–12 months), no substantive examination required, and lower cost compared to invention patents.Design PatentScope: product appearance (shape, pattern, color) Required Materials: 1.Application form 2.Drawings or photos 3.Design description 4.Abstract 5.Applicant information 6.Power of attorney Fast examination (approximately 6–12 months). Protects the product’s industrial design; without technical solutions involved. |
1. Application form
2. Title of the invention
3. Name and address of the applicant
4. Name and address of the inventor or designer
5. Type of patent to be applied for
6. International application filing date, application number, and type of patent
(if applicable)
7. Power of attorney for application
8. Patent documents;
9. Patent documents, including:
• Claims: Define the scope of protection of the patented technology
• Abstract: Outline of the main technical features of the patent
• Specification: Detailed description of the patented technology and its characteristics
• Drawings: Illustrations to support the description of the structure or details of the patent
1. What are the benefits of applying for a patent?
Patents play an important role in preventing the loss of technological achievements and securing exclusive rights to market patented products. They serve as a tool for companies to enhance core competitiveness and protect their rights.
2. What are the characteristics of patents?
• Exclusivity: Patent owners have the exclusive right to manufacture, use, and sell patented products.
• Territoriality: Patents are only valid in the countries or regions where they are granted.
• Limited duration: Patents are only valid for a specific period.
3. What principles govern patent protection?
Currently, two principles exist internationally: “first-to-file” and “first-to-invent.” The vast majority of countries and regions adopt the first-to-file principle.
4. What types of patents exist?
Patent classifications vary by country or region. For example, in Hong Kong, patents are divided into design patents, short-term patents, and standard patents, while in Mainland China, patents are divided into design patents, utility models, and invention patents.
5. What is the maximum duration of patent protection?
Patent protection periods differ by country. Invention patents generally last 20 years, utility models 10 years, and design patents range from 10 to 25 years.
6. What is priority right?
If an applicant files a patent application in a foreign country within 12 months of the first filing in another country, they may claim priority under an agreement or international treaty.
For example: if an applicant files in China on December 1, 2019, the priority period extends until November 30, 2020. A subsequent filing in another country can claim the filing date of December 1, 2019. Priority rights cannot be extended.
7. Is a prior art search necessary before applying for a patent?
Yes. To improve the success rate and avoid infringement, applicants should search relevant patent literature before filing and analyze the results to highlight the novelty and inventiveness of the patent.
8. What is a patent annuity (maintenance fee)?
A patent annuity refers to the fee that the patent owner must pay regularly after the patent is granted to maintain its validity. Each country has its own system of maintenance fees.
9. Besides filing in a single country, what other routes are available for international patent protection?
Applicants may obtain international patent rights through the PCT (Patent Cooperation Treaty), Paris Convention, European Patent Office (EPO), Eurasian Patent Organization (EAPO), African Intellectual Property Organization (OAPI), and others.
10. Can patents be transferred?
Yes. Patent owners may transfer their patents and also generate economic benefits through licensing or pledging (mortgaging) their patents.
1. Invention Patent Application
Process: Application → Acceptance → Preliminary Examination → Publication → Request for Substantive Examination → Substantive Examination → Grant
Grant Timeline: The duration for invention patents is uncertain and generally longer than for design and utility model patents.
• If early publication is requested, authorization may take 1–2 years.
• Without early publication, the process may take 4–5 years, and in some cases, over 6 years (though less common).
2. Utility Model Patent Application
Process: Application → Acceptance → Preliminary Examination → Grant
Grant Timeline: Authorization is typically issued within 4–6 months. After payment, the certificate is received in about 2 additional months, with the entire process taking around 8 months.
3. Design Patent Application
Process: Application → Acceptance → Preliminary Examination → Grant
Grant Timeline: Authorization is usually granted within 3–4 months. The certificate is issued in about 2 additional months, with the entire process taking around 6 months.