Frequently Asked Questions
- Top Asked Questions Patent Registration in China
- Top Asked Questions Trademark Registration in China
Top Asked Questions Patent Registration in China
- What is a Patent?
- Why do I need a patent?
- Why PatentinChina.com?
- What should I do to apply for my patent?
- Who will be in charge of my application?
- Who decides if patents are granted or not?
- What problems could occur?
- What happens if my application or claims are rejected?
- In what countries should I apply for my patent?
- When do I obtain my patent issued?
- What payment alternatives do I have?
What is a Patent?
- A patent for an invention is the grant of a property right to the inventor.
- In general, the term of a new patent is 20 years.
- Patent grants are effective only within the country territory.
- Under certain circumstances, patent term extensions or adjustments may be available.
Why do I need a patent?
If your invention has market potential and you think that another company could make profits from your invention, you need protection from a patent.
- A patent gives you the right to exclude others from making your product.
- As a patent gives exclusivity, the patent holder has time to market the invention without competition making him/her able to charge higher prices.
- It gives the right to initiate legal action against anyone that is making or selling, without permission, the patent holder invention.
- You can make money by licensing or selling your invention to someone else.
- It gives you priority over third parties wanting to register their patents in countries that do not require registration.
Why PatentinChina.com?
We have a team of patent attorneys and engineers, with years of experience making patent searches, filing patent applications and following up on the patent process in more than 110 countries, which allows us to assure you:
- Competent professionals will perform all the necessary procedures for filing and following up your patent application.
- You will receive timely information regarding updates for the application process.
- If objections or rejections arise in the patent application process, knowledgeable attorneys will advise you on the appropriate course of action.
- All information provided to us will be kept in absolute confidentiality. Before entering any business relationship we electronically sign a confidentiality agreement with you that protects your interests (View our confidentiality agreement).
What should I do to apply for my patent?
- Perform a Comprehensive patent Search.
- Prepare the patent specifications and then file for a Patent Application.
- Request the patent Examination
- If you patent is granted, obtain your Patent certificate.
Our attorneys in charge of your registration will complete each one of the above procedures
Who will be in charge of my application?
In countries where services are offered, PatentinChina.com relies on teams of recognized and experienced patent attorneys, allowing us to assure a high quality service. To learn about the attorney directly in charge of your request select the link "Attorney in charge" located on the toolbar.
Who decides if patents are granted or not?
Applications, other than provisional applications, filed with the Patent Office and accepted as complete applications are assigned for examination to the respective examining technology centers having charge of the areas of technology related to the invention.
Applications are taken up for examination by the examiner to whom they have been assigned in the order in which they have been filed or in accordance with examining procedures established by the Director.
The examination of the application consists of:
- A study of the application for compliance with the legal requirements
- A search through granted patents, publications of patent applications, foreign patent documents, and available literature, to see if the claimed invention is new, useful and non-obvious.
What problems could occur?
During the patent examination process, rejections and objections to the claims may arise. It is not uncommon for some or all of the claims to be rejected on the first office action by the examiner; relatively few applications are allowed as filed.
In order to avoid and minimize rejections or objections to the claims, PatentinChina.com recommends to order, before the Patent Application, the Patent Search Study. With this report the client would be properly informed and would have more elements to evaluate the risks involved. Nevertheless, if any rejection or objection arises, PatentinChina.com has a team formed by experienced attorneys that will advise you on the appropriate course of action.
What happens if my application or claims are rejected?
- You will be notified in writing of the examiner's decision by an Office "action" which is normally mailed to the attorney or agent of record.
- The reasons for any adverse action or any objection or requirement will be stated in the Office action.
- Request for Reconsideration
- The applicant must request reconsideration in writing, and must distinctly and specifically point out the supposed errors in the examiner's Office action.
- After the reconsideration the applicant will be notified as to the status of the claims, rejection, objection or whether the claims are allowed. The Second Office action usually will be made final.
- Final Rejection
- On the second or later reconsideration, a rejection or other action may be made final. The applicant's reply is then limited to appeal in the case of rejection of any claim. Further amendment is restricted.
In what countries should I apply for my patent?
The patent protection is regional; therefore, it is advised to apply for your patent in the countries where your business is located or where you plan to be doing business in the future.
When do I obtain my patent issued?
From the patent filing date the patents are examined in the order they were received. The approval or rejection of a patent application can take over three years. Then, if the patent application is found to be allowable, a notice of allowance will be sent to the applicant, or to applicant's attorney or agent of record, if any, and a fee for issuing the patent is due within three months from the date of the notice.
If payment of the issue fee is not made in time, the application will be regarded as abandoned.
What payment alternatives do I have?
You can make payment by Credit Card or Bank Payment. To make payment by credit card you have two options: (1) you can make a secure payment online through our website, or (2) you can fax or email the information through a payment form that you can download online (link to form here). In relation to Bank Payments our options are payments through PAYPAL, checks and bank deposits. For Bank Payments you can make payments through PAYPAL, by check, or by electronic transfer.
Top Asked Questions Trademark Registration in China
- How do I know in which classes to register?
- What should I do in order to register my trademark?
- Can I register my domain name as a trademark?
- What payment alternatives do I have?
- What happens if oppositions or objections arise during the registration process?
- What is a Trademark?
- Why do I have to register a trademark?
- What is claiming priority?
- Do I need the trademark registration certificate or is that optional?
- When registering a trademark I must specify the classes, what are the classes ?
- Does a trademark have a length of time that is valid for? Must it be renewed after a certain amount of time?
How do I know in which classes to register?
When you request a Trademark Comprehensive Study you will be asked to describe the products and services that will be used in connection to your trademark. With this description our Attorneys will recommend you the class or classes to register and what products/services you should include in each class.
What should I do in order to register my trademark?
- First we suggest you request a Trademark Comprehensive Study so you know the chances of trademark registration.
- After evaluating the probabilities of registration, you should continue with Trademark Registration in China Request; you can order this service directly in our website or send us an email with a completed form.
- Once your trademark has been accepted for registration, you’ll be requested to order a Registration Certificate so our attorneys perform lasts tasks in order to obtain and forward you the registration certificate. Please notice that in some countries this service Registration Certificate does not have cost.
Can I register my domain name as a trademark?
Yes you can and it is highly recommended. By registering your domain as a Registered Trademark you protect not only the name of your domain, but you also avoid having third parties register similar domain names to your trademark.
What payment alternatives do I have?
The payment alternatives are Credit Card, PAYPAL, Bank deposits and checks. To perform payments through credit card you have two options, through our website forms where you will be able to enter credit card information in a safe environment, or to send us via fax email the information through a payment form that we will be forwarding you.
What happens if oppositions or objections arise during the registration process?
The purpose of the Trademark Comprehensive Study is to decrease the probabilities of objections and oppositions. Nevertheless, if objections or oppositions arise, PatentinChina.comrelies on experienced Trademark Attorneys that will guide you in the appropriate course of action.
What is a Trademark?
Trademarks are names or symbols used to identify the origin of a product or service.
Why do I have to register a trademark?
A registered trademark gives the exclusive use of that name, providing its owner:
- "Trademark Value" (Goodwill), an intangible asset of the company.
- Differentiation from competitors.
- Protection from other Trademarks.
- Protection of internet domain names.
- Licenses and franchises
What is claiming priority?
Once you file your trademark application, the priority date will be established.
You have a right to show that you have filed an application for your trademark before the date of the publication.
If two people have filed an application in the same year, the trademark would be granted to the one who claimed it first (i.e. with earlier priority date).
Do I need the trademark registration certificate or is that optional?
Yes you can, there's no limitation of nationality when registering a trademark in China, the applicant can be from any country.
When registering a trademark I must specify the classes, what are the classes ?
When registering a trademark you need to specify the products and services that will be associated with your trademark.
The large majority of countries of the world have adopted the International Classification of Niza. This system groups all products and services into 45 classes -- 34 for products, 11 for services -- permitting you to specify precise and clear classes covering your trademark.
The protection that is offered to a registered trademark covers only the classes specified at the time of registration, therefore, allowing two identical trademarks to coexist in distinct classes.
Does a trademark have a length of time that is valid for? Must it be renewed after a certain amount of time?
Yes, trademarks have a validity of 10 years, then they must be renewed for another 10 years.