I. Filing for a patent application
 1. Must a patent agent be presented to apply for a patent?
Those that have local domicile or business addresses may choose to file for patent application by themselves or by patent agents. However, pursuant to Article 19 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to in China, it shall appoint a patent agency designated by the Patent Administration Department Under the State Council to act as its agent.
2. How long does it take to obtain a patent right?
(1) Considering the complexity of patent examination process as well as of individual case, the length to obtain a patent right varies. First, the submitted application and attachment will be examined for compliance with the statutory requirements. The next step is to examine on prior art and relevant use of information, and that on compliance with criteria of patentability, such as industrial applicability, novelty, and inventive step. In average, an examination cycle takes about 10 to 20 months depending on the type of application (such cycle excludes time period for document supplement, applicant respondence, argument, and interview).
(2) The following provides a general time frame on processing patent applications: 3 years for invention patent application; 6-18 months for utility model and design patent application.
3. Is it necessary for all three types of patent applications to go through substantive examination procedure in China?
According to China Patent Law, only invention application requires substantive examination. The utility model and design applications would be granted as long as passing preliminary examination.
4. Is there any remedy for a rejected application re-survive?
In order to provide an additional chance of appeal for the applicant to change the unreasonable conclusion made by unscrutinous examiners, a Patent Review Committee is established to rectify errors caused by examiners.
The applicant of patent may file a request to ask the Patent Review Committee for review(re-examination) within three months from receiving the office action if he is not satisfied with the decision of refusal given by the examiner.
5. What if an application of re-examination is rejected again?
Where a patent application rejected after re-examination, or dissatisfaction with result of opposition, cancellation, or other administrative decision, the respective applicant can request for administrative remedy by filing a lawsuit with the People's Court.
II. Patent infringement and remedy
6. What protocol should be followed when patent rights are infringed?
Patent infringement can only be prosecuted upon complaint; therefore, the injured party (the patentee) should go directly to court to institute legal proceedings or search prosecution agency's help to initiate legal counteractions.
7. What shall I do if I am accused of infringement?
If two products are widely different, you may defense for yourself through lawsuit; however, if two products have many parts in common or you are not able to distinguish one from another, it would be a wise decision to turn to agencies for professional advices.
8. What is the criterion to determine infringement act?
An infringement act is determined by comparing the product or method accused of infringement with the patent in technology. In other words, it should be determined b comparing all the necessary characteristics specified in the claims of patent right with the corresponding characteristics of the accused product or method individually.
III. Patent invalidation and remedy
9. What is invalidation? Who can file for invalidation?
Any entity or individuals who consider that the granted patent is not in conformity with the relevant provisions of Patent Law may file a request to declare the patent right invalid within six months from the date of the announcement of grant notice.
10. What is the examination procedure of invalidation?
When invalidation application is filed, the authority would first conduct formal examination. In this stage, the qualification of the requester, reasons and evident would be checked.
Afterward, the Patent Reexamination Board will panel a joint group consisted of 3-5 experts to carry out substantive examination. In this period of time, two parties would be invited to settle their dispute. If the requester withdraws his request, the process would bring into the end.
After the joint examination, the joint group will give a announcement for its decisions:
(1) to declare the patent right invalid;
(2) to uphold the patent right; or
(3) to partly invalidate and partly uphold the patent right.
11. Is there any legal remedy concerning the decision of invalidation?
According to the provisions of Clause 2, Article 49 of the Patent Law, where any party is not satisfied with the decision of the Patent Reexamination Board declaring the patent right invalid or upholding the patent right, such party may institute the legal proceedings in the people's court within three months after receiving the notice of decision.
IV. PCT application
12. Is it necessary to prepare "Assignment" when filing a PCT application?
The applicant is presumed to have the right to file the international application and therefore no instrument of assignment is required if the international application is filed b an entity. After the application is filed, an instrument of assignment is required for each change if there is any change in the person of the applicant.
13. Is there any time limits to file an amendment for the application?
With regard to an international application for an invention patent, the applicant may amend the application on his or her own initiative at the time when a request for examination is made, or within three months after receipt of the office action from China Patent Office.
With regard to an international application for a utility model, the applicant may file a request before CPO to amend the description, drawings, and claims within one month from the date of entry into the national phase.
14. Can the type of an application be changed after being filed?
According to China Patent Law, an international application for a patent may not be converted into a utility model application, and vice versa.
15. What shall I do if my PCT application is rejected?
Where an international application is rejected in the national phase, the applicant may file a request for re-examination within three months from the date of receiving office action.
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