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Kht & Partners
Chongqing, China
Consultation Free · 15 minutes

Founded in 2001
501 people in their team
English
Arabic
Chinese
French
Spanish
Intellectual Property Patent Art & Cultural Property Law +6 more
Kht & Partners: Redefining International Legal Excellence in China Kht & Partners is not just a law firm; we are a strategic engine for global commerce. As a full legal service Boutique International Law Group based in China, we bridge the gap between traditional legal practice and...
Furong Law Firm
Guangzhou, China
Consultation Free · 15 minutes

Founded in 1996
30 people in their team
English
Chinese
Intellectual Property Patent IP Litigation & Enforcement +1 more
The predecessor  of the headquarter was established in 1956 named as Changsha Legal Advisory Office , which was renamed as " Furong Law Firm" in 1996. It is one of the earliest large-scale partnership law firms established in Hunan Province and has been awarded as an excellent law firm in the...
Guangdong Zhuojian Law Firm
Shenzhen, China
Consultation Free · 15 minutes

Founded in 2007
1,286 people in their team
Chinese
English
Intellectual Property Patent Art & Cultural Property Law +6 more
Established in 2007, Guangdong ZhuoJian Law Firm is an outstanding national law firm. Its headquarters is located on Floors 11‑13, Guoyin Financial Center Building, No. 2003 Fuzhong 3rd Road, Futian District, Shenzhen. It has set up 25 branch offices including those in Guangzhou, Longgang...
Shenzhen Yizhou Intellectual Property Operation Co., Ltd.
Shenzhen, China
Consultation Free · 30 minutes

Founded in 2013
30 people in their team
Chinese
English
Japanese
About Yizhou Intellectual Property & Law FirmShenzhen Yizhou Intellectual Property Operation Co., Ltd.Shenzhen Yizhou Intellectual Property Agency (General Partnership) – Code 44331Founded in 2013 and headquartered in Shenzhen, Yizhou is a full-service firm integrating intellectual property...
Junsheng Law Firm
Beijing, China

Founded in 2004
50 people in their team
Chinese
English
Beijing Junsheng Law Firm was established in 2004 with the approval of the Beijing Municipal Bureau of Justice. It was initiated by senior lawyers with master's degrees in law from China University of Political Science and Law and the Chinese People's Law School and who have been engaged in...
Shenzhen, China

Founded in 2003
200 people in their team
English
Guangdong Junyan Law Firm is a full service law firm headquartered in Shenzhen, Guangdong. Established in May 2003 by a group of senior lawyers, experts and scholars, Junyan has developed deep expertise in civil and commercial dispute resolution, criminal defense and corporate compliance,...
Beijing Jindong Law Firm
Chaoyang, China

Founded in 2004
20 people in their team
English
Beijing Jindong Law Firm is a partnership established in 2004 and authorized by the national judicial authority. It operates with dedicated departments for litigation and arbitration, corporate matters, government and public institutions work, intellectual property, and enforcement, handling...
Dongguan, China

English
The Dongguan Lawyers Association is an official professional body for lawyers in Dongguan, China, dedicated to upholding high professional standards, advancing continuing legal education, and enhancing access to quality legal services for residents and enterprises.The association demonstrates its...
Tiance Law Firm
Shanghai, China

Founded in 1986
50 people in their team
Chinese
English
About TianceTiance Law Firm ("Tiance") was founded in 1986. It is a well-known large-scale comprehensive law firm in China and a leading law firm in the Yangtze River Delta region. It is also recognized by the market as an elite law firm with excellent professional service capabilities. . Tiance...
King & Wood PRC Lawyers
Beijing, China

Founded in 1993
50 people in their team
Chinese
English
We are a law firm born in Asia with an Asian perspective and world-class service capabilities.King & Wood Mallesons has more than 3,000 lawyers in 31 offices around the world. Our lawyers are well versed in Eastern and Western cultures, and rely on diversified thinking, profound professional...
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About Patent Law in China

Patent law in China is governed by the People's Republic of China (PRC) Patent Law, which provides the legislative framework for patent protection. Managed by the China National Intellectual Property Administration (CNIPA), the law is designed to grant patents for inventions, utility models, and designs. As a signatory to international agreements such as the Paris Convention and the Patent Cooperation Treaty (PCT), China's patent system follows international standards while reflecting local economic and technological development policies.

Why You May Need a Lawyer

Seeking legal advice in the realm of patents in China could be crucial in several situations. These include navigating the application process for obtaining a patent, defending against patent infringements, engaging in disputes over intellectual property rights, initiating legal enforcement actions against unauthorized use, and comprehending patent licensure agreements. A qualified lawyer can provide expertise to ensure that individuals and businesses not only comply with local laws but also maximize their intellectual property rights and strategies in China.

Local Laws Overview

The Chinese Patent Law is comprehensive and covers various aspects important for patent protection:

  • Types of Patents: There are three types of patents: invention patents, utility model patents, and design patents.
  • Duration: An invention patent is protected for 20 years, a utility model for 10 years, and a design patent for 15 years.
  • First-to-File System: China follows the "first-to-file" principle, meaning that the first person to file a patent application is entitled to the patent.
  • Examination: Patents undergo a substantial examination process, particularly invention patents, to ensure novelty, inventiveness, and industrial applicability.
  • Infringement and Enforcement: Patent enforcement can be pursued through administrative actions or judicial proceedings, with infringers liable for damages.

Frequently Asked Questions

What is the difference between an invention patent and a utility model patent in China?

An invention patent is granted for new technical solutions or improvements, offering longer protection but requiring a substantive examination. A utility model patent is similar but typically covers less substantial innovations and does not involve as rigorous an examination.

How can I protect a patent in China if I already have an international application?

Using the PCT route is an effective way to extend your international patent application to China. Filing within 30 months from the priority date with CNIPA is advised.

What does the patent examination process entail?

The examination process for invention patents includes both a preliminary and a substantive examination, which assesses criteria like novelty and inventiveness. Utility model and design patents primarily undergo formality checks.

Can I enforce my patent rights in China?

Yes, you can enforce patent rights through administrative enforcement via local Intellectual Property Offices or through civil litigation in the specialized IP courts.

What is patent infringement under Chinese law?

Patent infringement occurs when another party makes, uses, sells, or imports a patented invention or product without the patent holder's consent.

Is there a grace period for filing a patent application after public disclosure in China?

China offers a 12-month grace period for filing a patent application after public disclosure, provided the disclosure was not detrimental.

How long does it take to obtain a patent in China?

The time varies, but it typically takes about 2 to 4 years to obtain an invention patent, while utility models and design patents might take less time.

Can foreign individuals or companies file for patents in China?

Yes, foreign individuals and entities can file for patents in China but typically must do so through certified patent agents unless they have an address or place of business in China.

How are patent disputes resolved in China?

Patent disputes can be resolved through negotiations, administrative proceedings, or litigation in courts specialized in IP cases, offering a variety of legal remedies.

What is the role of the CNIPA in the Chinese patent system?

The CNIPA administers the registration and protection of patents, overseeing all examination, granting, and enforcement processes within China.

Additional Resources

Several resources and organizations can provide further assistance:

  • The China National Intellectual Property Administration (CNIPA)
  • World Intellectual Property Organization (WIPO)
  • Intellectual Property Offices in China
  • Chinese patent law firms and IP consultants
  • Academic institutions offering patent law education and resources

Next Steps

If you need legal assistance in patent matters within China, consider the following steps:

  1. Assess the specific needs or issues related to your patent rights or applications.
  2. Research and consult with experienced patent attorneys who specialize in Chinese patent law.
  3. Gather all relevant documents, evidence, and information pertaining to your patent or intended application.
  4. Determine whether an administrative approach or litigation is necessary for your circumstances.
  5. Utilize resources such as CNIPA for procedural guidance, applications, and enforcement inquiries.

Lawzana helps you find the best lawyers and law firms in China through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Patent, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.