There are two types of patent protection in China. Invention patents (similar to a US utility patent) have a term of 20 years from the date of filing and may be granted for both methods and products. Utility model patents (similar to a petty patent) may be granted in China for technical solutions that relate to shapes or structures of a product, and have a term of 10 years from the date of filing. Utility model applications are subject to preliminary examination to check for compliance with formal requirements, novelty, unity of invention and patentable subject matter. Invention patent applications are subject to search and examination similar to those conducted…
-
-
Can Post Filing Data Overcome Inventive Step in China?
Since 2010, the Patent Re-examination Board (PRB) has published the top 10 patent invalidation cases of the year in April of each year. The selection criteria are high social concern, significant impact on the related industry, or involve difficult legal issues and important examination criteria. Below is one of the top 10 cases that discusses post filing data in China patents. Post Filing Data in China Can post-filing data showing unexpected technical effect be used to overcome inventive step if the specification contains no data but asserts the unexpected technical effect? In short, the answer is no, post-filing data cannot be used to overcome inventive step even if the idea…
-
Foreign companies transferring IP out of China: things to know
Inventions made in China Most foreign companies with R&D sites in China are aware of the fact that inventors having inventions made in China have to obtain permission before they can file patent applications outside of China for these Chinese inventions. It doesn’t matter if the owner of the business is a foreign entity. Patent applications covering inventions “made in China” (on Chinese soil) must first be filed in China or the inventor must obtain permission from the Chinese government to file abroad first. Inventors from China All inventors for inventions made in China (including partially made in China) are entitled to be fairly compensated for their work (Article 76 of the…
