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1.
Patent Affairs in the P.R.C.
Necessary Documents for Filing an Application
for a Patent for Invention:
A) Application documents for an application for a
patent for invention (including description,
claims, drawings and abstract);
B) An instruction letter indicating the title of
the invention, name & address of the
applicant, name & address of the inventor;
where priority is claimed, it is required to
provide the name of the country where the initial
application was filed, date of priority and
priority number; where the applicant and/or
inventor is from Japan, Korea, Hong Kong, Macao,
Taiwan or other countries where Chinese is used,
the Chinese characters of the applicant and
inventor¨s title or name are required (if any);
C) A duly executed Power of Attorney (may be
provided within two months from the date of
receipt of the notification for correction from
SIPO);
D) Where priority is claimed, the certified
documents of priority are required; where the
applicant in Mainland China is not the same
applicant of the initial application, the
assignment of priority or the notarized copy of
the same is required (the certified documents and
assignment of priority may be provided within
three months from the filing of the application.
Necessary Documents for Filing an Application
for a Patent for Utility Model:
A) Application documents for an application for a
patent for utility model (including description,
claims, drawings (required) and abstract);
B) An instruction letter indicating the title of
the utility model, name & address of the
applicant, name & address of the inventor;
where priority is claimed, it is required to
provide the name of the country where the initial
application was filed, date of priority and
priority number; where the applicant and/or
inventor is from Japan, Korea, Hong Kong, Macao,
Taiwan or other countries where Chinese is used,
the Chinese characters of the applicant and
inventor¨s title or name are required (if any);
C) A duly executed Power of Attorney (may be
provided within two months from the date of
receipt of the notification for correction from
SIPO);
D) Where priority is claimed, the certified
documents of priority are required; where the
applicant in Mainland China is not the same
applicant of the initial application, the
assignment of priority or the notarized copy of
the same is required (the certified documents and
assignment of priority may be provided within
three months from the filing of the application.
Necessary Documents for Filing an Application
for a Patent for Design:
A) An instruction letter indicating the name of
the product associated with the design, name &
address of the applicant, and name & address
of the designer; where priority is claimed, it is
required to provide the name of the country where
the initial application was filed, date of
priority and priority number; where the applicant
and/or designer is from Japan, Korea, Hong Kong,
Macao, Taiwan or other countries where Chinese is
used, the Chinese characters of the applicant and
designer¨s name are also required (if any);
B) One set of drawings or three sets of
photographs (front view, back view, top view,
bottom view, left view & right view, and a
perspective view (if available)) shall be
provided; the size of the drawing or photo should
be +15 x 22cm >3
x 8cm; where an application for a patent for
design seeking concurrent protection of color is
filed, three sets of drawing or photograph in
color shall be provided; where what is provided is
photograph, the background of the article shall be
a single color against nothing else; in addition,
a drawing or a photograph provided shall be of the
orthogonal view.
C) A dully executed Power of Attorney (may be
provided within two months from the date of
receipt of the notification for correction from
SIPO).
D) Where priority is claimed, the certified
documents of priority are required; where the
applicant in Mainland China is not the same
applicant of the initial application, the
assignment of priority or the notarized copy of
the same is required (the certified documents and
assignment of priority may be provided within
three months from the filing of the application in
the P.R.C.).
Necessary Documents for PCT Application
Entering National Phase in the P.R.C.
A) An instruction letter;
B) A duly executed Power of Attorney (may be
provided within two months from the date of
receipt of the notification for correction from
SIPO );
C) Front page and full text of the international
publication;
D) International search report;
E) International preliminary examination report
(if available);
F) Certified documents of the right of
priority(referring to the situation in which no
such documents have been submitted in the
international phase, but priority is claimed in
the national phase of the P.R.C.;
G) Assignment (if the applicant in the P.R.C. is
not the same of that of the international phase);
H) Amendments in the international phase (where
the applicant is willing to have the amendments as
the basis for the examination in the national
phase in the P.R.C.).
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