Patent Protection in China

In China, patent is categorized into three kinds: invention, utility model and design. Invention, similar to the utility patent in the US, undergoes scrutiny and substantial review. Invention can include both device and process and last 20 years. Utility model can only include device, does not undergo substantial review and lasts 10 years. Design patent does not undergo substantial review and lasts 10 years.
Patent protection starts with patent application.
When you have patents in China and find some infringing products in the markets, you can consider enforce your patent.
If you suspect your product might infringe others' patents, consider to do a freedom-to-operate search or bring an invalidation petition against the patent.

Patent Application

Protect your technology through patent application. Patent application is a flat-fee based service though each application may have office actions resulting deviation. Everything is transparent upfront and no hidden fees.

Patent Enforcement

Patent infringement in China is rampant. You have to take proper legal actions to protect your patent from being infringed. We assist you to conduct investigation, collect evidence, send warning letters, file litigation suits and collect damages. Initial consultation is always free.

Patent Invalidation

Similar to inter partes review in the US, you may challenge the validity of a Chinese patent before the Patent Reexamination Board via an invalidation petition.

Freedom to Operate

Conduct a freedom-to-operate search to decide whether your product is susceptible to patent infringement claims before the product hit the China market.

Make an inquiry for free

Let us know your problems and we will come up with a strategy to help you.

Patent Articles and News

New changes proposed by the SIPO to the China Patent Law

The SIPO issued a proposed draft of changes to the China Patent Law, which introduces many new regimes and features, from which Patentee greatly benefit.

China is considering to establish higher level of IP Courts and other IP trial reform

In a recent report on patent enforcement to the National People’s Congress, the Supreme People’s Court is considering to set up IP courts at the national level and to deepen reform of intellectual property trial mode.

PRC Supreme People's Court revised judiciary interpretation for applying Patent Law

The PRC Supreme People’s Court introduces new changes to the judicial interpretation on applying PRC patent law, streamlining the sequential determination of damages, and lowering the barrier for design and utility model patent to file civil complaints.

New PRC Patent Administrative Enforcement Rules is under consideration by the SIPO and open for public comments

The State Intellectual Property Office released a revised draft of Patent Administrative Enforcement for public comment on January 27, 2015. The new amendments included in the revised draft are intended to address issues such as enhancing patent enforcement in ecommerce settings, reducing time frames for some enforcement procedures, and improving patent administrative enforcement management.