Best Patent Lawyers in China

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Bright & Young Law Firm / Minglun Law Firm

Bright & Young Law Firm / Minglun Law Firm

Shanghai, China

Founded in 2021
50 people in their team
Chinese
English
Shanghai Bright & Young Law Firm is incorporated according to the Lawyers Law upon the approval of Shanghai Justice Administration as a comprehensive law firm consisting of a number of partners and one of the most vigorous law firms with the great potentialities in Shanghai. BYLF operates under...
Sisu Law Firm

Sisu Law Firm

Shanghai, China

Founded in 2000
50 people in their team
Chinese
English
Shanghai Shangwei Law Firm is a partnership law firm specializing in legal services. It is one of the first law firms to obtainconsulting agency qualifications for foreign-related projects . He has extensive experience in civil and commercial law fields such as corporate legal affairs, commercial...
Tiansun Law Firm

Tiansun Law Firm

Shanghai, China

Founded in 2018
50 people in their team
Chinese
English
Law View Partners is duly approved by the Ministry of Justice with the headquarter located in Shanghai Pudong Lujiazui. We adhere to the principle of bringing professional, comprehensive, high-quality and efficient services to our clients at home and abroad.We are dedicated in the areas of...
King & Wood Prclawyers

King & Wood Prclawyers

Suzhou, China

Founded in 1832
5,000 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...
Tianyuan Law Firm

Tianyuan Law Firm

Beijing, China

Founded in 1992
50 people in their team
Chinese
English
Tianyuan Law Firm was established in 1992 and is one of the first comprehensive law firms in China. Ability to provide high-quality legal services to global clients.Tianyuan always adheres to the service tenet of "customer first, pursuing excellence", makes full use of thirty years of experience...
Guantao Law Firm

Guantao Law Firm

Beijing, China

Founded in 1994
50 people in their team
Chinese
English
Founded in Beijing in 1994, Guantao Law Firm is one of the leading law firms in China. After almost three decades of expansion and innovation, Guantao now has a team of over 300 partners and 1,200 lawyers.Full spectrum offerings With 26 domestic and overseas offices, Guantao provides...
Long'an Law Firm

Long'an Law Firm

Beijing, China

Founded in 1992
50 people in their team
Chinese
English
Long An Law Firm is a full service Chinese law firm with thirty-three offices in all major metropolis across China. Founded in 1992, when China embarked on the process of privatization and reform of its economy, our first office in Beijing was one of the earliest private law partnerships licensed...
Lanpeng Law Firm

Lanpeng Law Firm

Beijing, China

Founded in 2008
50 people in their team
Chinese
English
After years of development, Lanpeng Law Firm is a comprehensive partnership law firm that has gradually formed litigation, non-litigation, arbitration and other businesses. It has first-class legal service professionals and a strong team of expert consultants.The firm's mainstream businesses are:...
Jiehua Law Firm

Jiehua Law Firm

Shanghai, China

Founded in 1994
50 people in their team
Chinese
English
Shanghai Jiehua Law Firm was established in July 1994.It is the group member unit of Shanghai law society,and is the second batch of enterprise bankruptcy case manager of Shanghai,and is Shanghai good foundation legal units.Ever since the establishment of Jiehua, by continuously pursuing the...
Lixiaohua Law Firm Office

Lixiaohua Law Firm Office

Shanghai, China

Founded in 2009
50 people in their team
Chinese
English
Shanghai Li Xiaohua Law Firm specializes in corporate law and criminal defense , and provides legal services such as marriage and inheritance , housing construction projects, private enterprise compliance, intellectual property protection, and permanent legal counsel . The law firm is a trademark...
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About Patent Law in China

Patent law in China is governed by the Patent Law of the People's Republic of China. It is designed to protect the rights of inventors and encourage innovation by granting exclusive rights to the creators of new inventions. In China, patents are granted by the State Intellectual Property Office (SIPO) and provide the patent holder with the exclusive right to manufacture, use, sell, or license their invention for a certain period of time.

Why You May Need a Lawyer

You may need a lawyer for patent-related issues in China if you are facing infringement accusations, need to file for a patent, want to challenge a patent application, or require advice on protecting your intellectual property rights. A lawyer can help you navigate the complex legal system, ensure that your rights are protected, and provide expert advice on the best course of action.

Local Laws Overview

Key aspects of local laws in China relevant to patents include the requirement of novelty, inventiveness, and industrial applicability for patent eligibility. In China, patents are granted to the first applicant rather than the first inventor, so it is crucial to file for a patent as soon as the invention is developed to avoid losing out on rights. Additionally, there are specific procedures for patent application, examination, and enforcement that must be followed in China.

Frequently Asked Questions

1. What is the process for filing a patent in China?

The process for filing a patent in China involves submitting an application to the State Intellectual Property Office (SIPO), which will conduct a substantive examination to determine patentability.

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

The process of obtaining a patent in China typically takes around 2-4 years from the filing date to grant, depending on the complexity of the invention and any potential objections raised during examination.

3. Can I file for a patent in China if I already have a patent in another country?

Yes, you can file for a patent in China even if you already have a patent in another country. However, it is important to ensure that your invention is novel and has not been disclosed prior to filing in China.

4. What are the rights granted by a patent in China?

A patent in China grants the patent holder the exclusive right to manufacture, use, sell, or license their invention for a certain period, typically 20 years from the filing date.

5. How can I enforce my patent rights in China?

To enforce your patent rights in China, you can file a lawsuit in the People's Court against infringers and seek remedies such as injunctions, damages, and destruction of infringing products.

6. How can I challenge a patent in China?

You can challenge a patent in China by filing an invalidation request with the Patent Reexamination Board within three years of the patent being granted. The board will review the request and make a decision on the validity of the patent.

7. What are the costs associated with filing a patent in China?

The costs associated with filing a patent in China include filing fees, examination fees, and maintenance fees. The total cost can vary depending on the complexity of the invention and any additional services required.

8. Can I license my patent to others in China?

Yes, you can license your patent to others in China by entering into a licensing agreement with the interested party. This allows them to use your patented invention in exchange for a fee or royalty payment.

9. What are the consequences of patent infringement in China?

The consequences of patent infringement in China can include injunctions, damages, fines, and even criminal prosecution in serious cases. It is important to take action to protect your patent rights and seek legal advice if you suspect infringement.

10. How can I protect my intellectual property rights in China?

To protect your intellectual property rights in China, it is essential to register your patents, trademarks, and copyrights with the relevant authorities. Additionally, it is important to monitor for any potential infringement and take swift action to enforce your rights.

Additional Resources

For more information on patent law in China, you can visit the State Intellectual Property Office (SIPO) website or seek guidance from a qualified intellectual property lawyer in China. The World Intellectual Property Organization (WIPO) also provides valuable resources on international patent protection.

Next Steps

If you require legal assistance with patent-related matters in China, it is advisable to consult with a knowledgeable patent lawyer who can provide guidance on the best course of action. They can help you navigate the legal system, protect your rights, and ensure that your intellectual property is safeguarded.

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. Get a quote from top-rated law firms in China—quickly, securely, and without unnecessary hassle.

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.