Types of Patent Applications

1. Invention Patent
Any technical inventions which has been completed through the utilization of nature laws and may be put into industrial use is patentable, provided it is other than conditions in Articles 22, 23 and 24 of the Patent Law.  Patentability of an Inention Patent is: Industrial Applicability, Novelty and Inventiveness.  The term of an Invention Patent is 20 years from the filing date of the application.

2. Utility Model Patent
Any new creation of model or improvement which has been made in respect of the form, construction or fixture of an object is patentable provided it is other than conditions in Articles 105, 108 and 112 of the Patent Law.  Patentability of a Utility Model Patent is: Industrial Applicability, Novelty and Inventiveness.  The term of a Utility Model Patent is 10 years from the filing date of the application.

3. Design Patent
Any novel creation of the shape, pattern, color or a configuration of an article is patentable provided it is other than conditions in Articles 122 and 124 of the Patent Law.  Patentability of a Design Patent is: Industrial Applicability, Novelty and Creativeness.  The term of a Design Patent is 15 years from the filing date of the application.

 Documentation of filing

1. Application Form.

2. Power of Attorney, necessary for foreign applicant.

3. Specifications with description, claims, and/or drawing(s), written in original language.

4. Specifications with description, claims, and/or drawing(s) in Chinese (traditional Standard Chinese).

5. Certified Priority Document.

6. Official fee

* Documentations 2 and 4 can be submitted after filing.

 Flowchart of Patent Examination and Administrative Remedy

1. Flowchart on Invention Patent Examination and Administrative Remedy

2. Flowchart on Utility Model Patent Examination and Administrative Remedy

3. Flowchart on Design Patent Examination and Administrative Remedy