China Invention Patent Application Procedures
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China invention patent application examination procedures need go through several steps. A patent for an invention is the grant of a property right to the applicant, issued by the State Intellectual Property of P. R. China (SIPO). Generally, the term of an invention patent is 20 years (utility patent and design patent is 10 years) from the date on which the application for the patent was filed in China subject to the payment of annuity fees.
1. Preliminary Examination
Upon receipt of an invention patent application, the SIPO will perform a preliminary examination as to the formality issue and obvious defects. If any formality issues found, a notification of ratification will be issued.
2. Publication of Patent Applications
If the SIPO, after preliminary examination, confirms that the application meets the requirements of this Law, it shall publish the application within 18 full months from the date of application. And it may do so at an earlier date upon request of the applicant.
3. Petition for Substantive Examination
Within three years from the date an invention patent application is filed, the SIPO may, upon request made by the applicant at any time, carry out substantive examination of the application. If the applicant, without legitimate reasons, fails to request substantive examination at the expiration of the time limit, such application shall be deemed to have been withdrawn.
4. Substantive Examination
A. Office Action
After the SIPO has made the substantive examination of the invention patent application, if it finds that the application does not conform to the provisions of this Law, it shall notify the applicant of the need to state its opinions by an Office Action within a specified time limit or to make amendment to the application. In the event of the applicant's failure to comply at the expiration of the specified time limit without legitimate reasons, the application shall be deemed to be withdrawn.
B. Applicant's Reply
The applicant may provide his/her observation in his response to office action. The applicant must reply to every ground of objection and rejection in the prior Office action. The mere allegation that the examiner has erred will not be received as a proper reason for such reconsideration.
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