Profiting from Innovation in China
China is dramatically catching up and is rapidly becoming a leading technological innovator on the global scale. The number of Chinese firms with global ambitions is growing fast, more and more technological innovation is coming from China, and the number
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Requirements for Non-PCT Chinese National Phase Application The requirements for the non-PCT application are similar to the PCT Chinese national phase application, however, they differ in terms of the timeline, priority claims and amendments. 1. One copy of the specifications of the application including abstract, description, claims, and drawings. 2. Information of priority if priority is claimed. If priority is claimed, the priority document has to be filed within 3 months from the filing date. 3. Indication if the request for substantive examination should be filed simultaneously with the application. 4. Amendments to be made at the time of filing. 5. The name of the applicant in Chinese characters. Also, the applicant’s name and address in English. 6. The name of the inventor(s) in English and if the person is Chinese also in Chinese characters. 7. Indication if the request for substantive examination should be filed simultaneously with the application. 8. Indication if the re-registration in Hong Kong should be filed. 9. Power of attorney. Form can be handed in within 3 months of the filing date. 10. In case the applicant in the priority document is different from the applicant in the Chinese application, an assignment document is required. The document can be in English as a certified copy from the patent office or as a notarized copy of a notary or the original copy with original signature.
O. Gassmann, Profiting from Innovation in China, DOI 10.1007/978-3-642-30592-4, © Springer-Verlag Berlin Heidelberg 2012
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Requirements for the Application of Design Patents For the application of design patents the application should comprise the following documents: • Letter of request. The letter of request for a design patent specifies the product incorporating the design and the class to which the product belongs to. • Brief description of the design. The description explains important details of the design. • Drawings or photographs of the design. The pictures illustrate the protectable design. The size should be no smaller than 3 × 8 cm and no larger than 15 × 22 cm. • Prototype or model of product. Where necessary, the product that incorporates the design should be submitted.
Changes of the Revised Chinese Patent Law in Comparison to Former Law Extracted from Wong, K. and Low, E. (2010): China: Intellectual Property Law in the People’s Republic of China: An Update. JSM, Mayer Brown International LLP. On October 1st 2009, the revised patent law of China came into effect. This law has resulted in significant changes to China’s patent system, from the preliminary stage of patent application to enforcement of patents in the courts. Some key changes in the new patent law are:
Higher Standard of Novelty In an application for an invention patent or utility model under the old patent law, prior use of the invention outside China (except for disclosure in a publication) did not defeat the novelty of the invention. China’s revised patent law removes this territorial limit and lifts
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