Procedure - Filing guidance for design application | DHC IP Attorneys

Procedure - Filing guidance for design application

1. Filing
Necessary documents:
(1) Specification, including claims, description, abstract and drawings (if any). All necessary documents shall be filed in Chinese.
(2) Instruction letter, indicating: names and addresses of applicants and inventors; the priority date, number and the country in which the application was filed, if priority is claimed.
(3) Power of Attorney: it may be filed within two month of the Chinese filing date.
(4) Certified priority document, in case that the applicant claims that the right of priority: it may be filed within 3 months from the filing date. For PCT application entering Chinese national phase, no certified priority document is required.
(5) Original assignment document, in case that the applicant is not identical to that in the prior document: it may be filed within 3 months form the Chinese filing date.

2. Formality Examination
When a patent application is submitted to SIPO, it is checked to ensure that all requirements necessary to accord the application a filing date have been satisfied.

3. Publication
The patent application will be published within 18 months from the filing date or the earliest priority date, if it is found to be conformity with the requirements of the Chinese Patent Law on the formality examination.

4. Request for Substantive Examination
The request for substantive examination can be filed any time within three years from the filing date or priority date. The applicant may amend the application document voluntarily at the time of requesting for substantive examination or within 3 months from receiving the Notification of Entry into Substantive Examination Procedure. The amendment shall not go beyond the scope of the original disclosure.

5. Substantive Examination
The applicant may amend the application based on the requirement of the Patent Office when responding to the Office Action.

6. Notification for Granting the Patent Right if there is no cause for rejection of the application
It usually takes 2 years from the date of entry into substantive examination procedure for SIPO to issue the notification of granting the patent right. The applicant shall pay the maintenance fee and the registration fee within 2 months from the date of receiving the notification.

7. Issuance Patent Certificate, Recording in the Register and Announcing the Patent in the Gazette
The patent duration is 20 years from the filing date. The applicant shall pay an annual fee every year to keep the patent valid.
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