Intellectual Property Attorneys - IP Lawyers

China Patent Series: Patent Applications

 

            Chinese patent applications for an invention or utility model require a request, a description including an abstract and drawings where necessary, and claims.  The application must be submitted in Chinese.  An application is limited to one invention or utility model, however two or more inventions or utility models belonging to a single general concept may be filed as one application.

 

            1.  Request

            The request must include the title of the invention or utility model, the name of the inventor or creator, the name and address of the applicant.  Additionally, foreign filing information and priority information should be included at the time of the request.  If the application has previously been filed in a foreign country, SIPO reserves the right to request any search documents or examination results from the applicant.  Failure to provide these documents could result in the withdrawal of the application.

 

            2.  Description

            The description provides detailed information about the invention or utility model sufficient to allow a person of ordinary skill in the art to carry it out.  The description should include a title, relevant technological field, relevant prior art, the purpose of the invention or utility model, a best mode and a detailed description thereof, and reasons the invention or utility model is superior to the prior art.  If drawings or figures are provided, a detailed description of them should also be included.  The abstract should briefly state the main technical points of the invention or utility model.

 

            3.  Claims

            Finally, a Chinese patent application must include claims that define the extent of protection of the patent right.  The claims must be supported by the description and state the scope of the patent protection desired.  The description and appended drawings may ultimately be used to interpret the claims.  An invention or utility model shall have only one independent claim preceding any dependent claims. The independent claim shall outline the technical solution of an invention or utility model and state the essential technical features necessary for the solution of its technical problem. The dependent claim shall, by additional technical features, further refine the claim to which it refers.           

           

 

 

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