The highest authority for intellectual property rights in Mainland China is the China National Intellectual Property Administration (CNIPA).
Administration (CNIPA), which is mainly responsible for IP policy, decision-making and centralized management, including research, drafting and guidance.
The main responsibilities of the CNIPA include research, drafting and guidance on trademarks, patent laws, regulations, rules, guidelines and policies, and their implementation.
The Patent Law of the People's Republic of China was initially promulgated on March 12, 1984 and came into effect on April 1, 1985; the current law was amended in 2008, and the 2020 amended version will come into force on June 2021, with a revised version.
The current law was amended in 2008, and the 2020 amendment will come into effect in June 2021.
Patent Authority | China National Intellectual Property Administration (CNIPA) |
Types | Invention | Utility Model | Design |
Subject Matter | Any new technical solution proposed for a product, a process or the improvement thereof. | Any new technical solution proposed for the shape, the structure, or their combination, of a product, which is fit for practical use. | With respect to an overall or partial product, any new design of the shape, the pattern, or their combination, or the combination of the colour with shape or pattern, which is rich in an aesthetic appeal and is fit for industrial application. |
Terms of Protection |
20 years from the filling date.
| 10 years from the filling date. | 15 years1 from the filling date. |
Priority Claiming | Within 12 months from the 1st filling date.
| Within 12 months from the 1st filling date. | Within 6 months from the 1st filling date. |
Substantive Examination |
It can be requested by any person within 3 years from the filling date.
| No. (Preliminary examination) | No. (Preliminary examination) |
International Application | PCT2
| PCT2 | Hague System3 |
Additional Information | | Only patentees and interested parties can apply for issuing a patent evaluation report.
| Only patentees and interested parties can apply for issuing a patent evaluation report. |
Notes:
1. Effective from June 1, 2021, the protection period for designs has been extended to 15 years.
2. While submitting PCT international applications in a foreign language are allowed, however, a Simplified Chinese translation must be provided when entering the national phase.
3. Starting from May 5, 2022, China has officially become a part of the Hague System. This means that applicants from other state parties can now designate China in their industrial design applications, and vice versa, under the Hague Agreement. Please be aware that it is not possible to add additional designated countries after the application has been submitted.