Understanding Chinese Patent Annuity Regulations: A Comprehensive Guide
Patents play a crucial role in protecting intellectual property rights and fostering innovation. In China, patent holders must adhere to specific regulations regarding annuity payments to maintain their patent rights. Here’s everything you need to know about Chinese patent annuity regulations:
Patent Types
In China, patents are categorized into three main types:
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Invention Patents: These patents protect new technical solutions for products or processes and have the highest level of protection.
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Utility Model Patents: These patents protect new technical solutions relating to the shape and structure of products, offering a shorter but more accessible form of protection compared to invention patents.
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Design Patents: These patents protect the visual appearance of a product and its ornamental design.
Each type of patent is identified by the first digit in its application number: 1 for invention, 2 for utility model, and 3 for design. For international applications entering the Chinese national phase, the application number begins with 8 for invention patents and 9 for utility model patents.
Term of Protection
The duration of patent protection varies based on the type of patent:
- Invention Patents: Valid for 20 years from the filing date.
- Utility Model Patents: Valid for 10 years from the filing date.
- Design Patents: Valid for 10 years from the filing date for applications filed before June 1, 2021. For applications filed on or after June 1, 2021, the term is extended to 15 years from the filing date.
Payment Deadline
Patent annuities must be paid annually to maintain patent rights. The annual fee for the year in which the patent right is granted should be paid during registration, with subsequent annual fees due before the expiration of the preceding year. The payment deadline is calculated based on the filing date of the patent.
If a patentee fails to pay the annual fee on time or pays an insufficient amount, there is a grace period of six months from the due date for payment, during which the fee can be paid along with a late fine. If the payment is made within one month after the specified period, no late fine will be charged. However, if the payment is more than one month overdue, a late fine of 5% of the annual fee will be applied, up to a maximum of 25%.
Restoration Procedure
If a patentee fails to pay the annual fee as required, the patent office will issue a “Notice of Patent Right Termination.” Within two months of receiving this notice, the patentee can request reinstatement by paying the annual fee, late fine, and restoration fee, and submitting a “Request for Restoration of Patent Rights” to the patent office.
Understanding and complying with Chinese patent annuity regulations is essential for maintaining patent rights and protecting intellectual property in China’s rapidly evolving innovation landscape. By adhering to these regulations, patent holders can ensure the long-term viability of their inventions and safeguard their intellectual property assets.
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– You could see How To Register a Trademark in China here.
– You could visit here to see the Procedure of Trademark in China.
– You could visit here to check the Required documents for filing a trademark in China.
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