Applying for a patent can be complex globally, but in China, there are several avenues to help you secure patent protection. Whether you are a local company or a foreign inventor, there’s a way that fits your needs. Let’s talk about the six ways to apply for a patent in China.
1. Paris Convention
First up, the Paris Convention. This international treaty provides convenience for applicants from member countries. If you have already filed a patent application in a member country (such as the USA or the UK), within 12 months (for inventions and utility models) or 6 months (for designs), you can apply for the same patent in China and enjoy priority.
This means your application date can be backdated to the earliest filing date, giving you an advantage in the patent race.
2. PCT Agreement
Next is the PCT Agreement, or the Patent Cooperation Treaty. This treaty makes the patent application process more global and systematic. Through the PCT process, you can submit an international application first, and then enter the national phase by selecting multiple countries, including China.
The process has two phases:
- International Phase: You file an international application, and the International Searching Authority conducts a search and issues an International Search Report and Written Opinion.
- National Phase: Within 30 months from the filing date of the international application, you can enter the national phase in designated countries (including China) for formal patent examination.
The PCT Agreement simplifies the process of applying for patents in multiple countries, saving time and costs.
3. Bilateral Agreements
China has signed bilateral agreements with some countries for patent protection. If your country has such an agreement with China, congratulations! You can enjoy specific patent protection treatments according to the terms of the agreement.
These agreements often accelerate the examination process or provide some additional conveniences.
4. Reciprocity Principle
In some cases, even if your country has not signed a bilateral agreement with China or joined a common international treaty, China may still grant you patent protection. This happens if your country’s patent law or practice grants patent protection to Chinese nationals based on the reciprocity principle.
In this scenario, you need to understand and prove the relevant provisions of the other country.
5. Permanent Residency or Business in Mainland China
If you are a foreigner, foreign enterprise, or other foreign organization with permanent residency or business in Mainland China, you have a couple of options. You can choose to file a patent application on your own or entrust a patent agency.
This provides great convenience for foreign companies with actual business operations in China, allowing you to participate more directly in the patent application process.
6. No Permanent Residency or Business in Mainland China
Finally, if you do not have permanent residency or business in Mainland China, you must entrust a Chinese patent agency to file a patent application. These agencies are well-versed in Chinese patent laws and the application process and can help you complete your patent application smoothly.
These are the six main ways to apply for a patent in China. Choosing the right path can make your patent application process smoother and more efficient. May your inventions get patent protection soon and lead you to success!