Patent Application

1. Objects protected by China's Patent Law

Protecting three inventions, namely inventions, utility models and exterior designs

2. Conditions for patent right granting

Patented inventions should have terms relating to forms and substances.

Form terms refers to, in the form stipulated by the patent law and its implementations, record in written on the patent application documents, and fulfill the necessary formalities in accordance with legal procedures. Substantive terms refer to that inventions and utility models granted patent rights must possess novelty, inventiveness and practicality. Exterior designs granted patent rights may not belong to an existing design, have significant differences with existing designs compared to existing designs or a combination of existing design features, and not be in conflict with the prior legal rights of others.

3. The First File Principle of Patent Applications

China implements the “first file” principle, that is, when two or more applicants apply for the same invention patent, it will be granted to the first applicant.

4. Patent Application Documents Shall Be Submitted

Invention patents and utility model patent application documents should normally include: application forms, claims, descriptions and drawings, summary descriptions and attachments.

Design patent application documents shall include: a request, drawings or photographs and a brief description.

In case of application by proxy, power of attorney shall be submitted simultaneously.

5. Patent Examination Period

About two years for invention patents, more than about six months for utility models and exterior designs .

When the relevant matters related to examination are undertaken by patent agent, the applicant can wait for notices during examination. In the event of applicant's address, telephone number and such matter changes, the applicant is subject to promptly inform the Company in writing.

6. Preparation Requirements of Patent Application Documents

In addition to meeting the form terms as stipulated by laws, the patent application documents, what’s more important, shall comply with the substantive conditions according to laws.

It is stipulated by law that descriptions shall make clear and complete instructions to inventions or utility models to the technical field staff can realize the same. The claims shall, based on the descriptions, indicate the required scope of patent protection. That means Writing quality of patent applications can directly determine the granting of patents and the required scope of patent protection. The law also stipulates that, once the patent application documents are submitted, its amendments shall not go beyond the scope of original descriptions and claims. That is, if the first-submitted patent application documents have serious or irredeemable defects, a very good invention may result in lacking of reasonable protection scope or failing in patent protection.

7. Information for Invention or Utility Model Patent Application

(1) Invention name: it shall reflect the theme of the invention clearly and concisely as much as possible, may not exceed 30 words, not use names, trademarks or models, etc. or advertising languages;

(2) The designated technical field, or usage;

(3) Technology background: it shall specify available technologies and their resources closest to the invention, and the objectively point out the existing technology defects. If not familiar with the current state of technology, you could firstly search our patent literatures in the company;

(4) The purpose of the invention: it shall objectively clear out what the technical issues shall be solved by the invention and what kind of technology results will be achieved;

(5) Technical program: it shall be clear, complete in describing technical features adopted by the invention, including inventions components, position and connection of various components, working principles, and clear out which features are the existing technologies and which are new inventions. For existing technical features, it should be based on that the general professional and technical personnel will be able to implement without creative work;

(6) The beneficial effects: it shall indicates the beneficial effects of the invention and technical background compared to existing technologies and clear out such beneficial effects are brought by what technical features in the program; experimental data can be offered when conditions permit; inventions in chemical and pharmaceutical aspects may provide experimental data and compare experimental data to prove their beneficial effects.

(7) Attached diagrams: for inventions with structural features, structure diagrams shall be provided to clearly reflect the shapes and their mutual position and connections of main components. For inventions with circuit features, a circuit diagram shall be provided; in complex circuit, block diagram can be used. That is, all technical features of the invention (including existing technical features and technical characteristics of the invention) shall be cleared with blocks, and form a separate block circuit to the invention and explain the connection relationships between the blocks.

8. Information for Exterior Design Patent Applications

(1) Front view of products to six directions; for same or symmetrical views, one such direction can be omitted;

(2) For packaging applications for products, words which are not decorative on packages shall be covered;

(3) For products on views, its visible lines on appearances may only be displayed while those invisible ones cannot be occurred, such as: dashed line, dotted lines, center lines and other lines;

(4) There must be distinguished contract between products on views and background colors and other debris other than the products can not appear there;

(5) Proportions on various views shall be consistent;

(6) Pictures or photos shall not be less than 3cm*8cm, nor larger than 15cm*22cm;

(7) An application required also for color protection shall be explained to agents and color images or photographs shall be submitted;

(8) A exterior design patent application shall be subject to one product usage.

9. Relevant Procedures Handling

(1) Sign a “Patent Power of Attorney”;

(2) Pay the relevant fees and charges and obtain official notes.

10. Patent Documents Obtaining

Upon a patent application is completed, the company will provide a full set of application documents and “Patent Application Handling Notice” issued by the State Intellectual Property Office.