语言

Chinese Patent Prosecutions

A Chinese patent is granted only when both formality and substantive examinations are passed. Substantive examination is carried out by the request of the Applicant, which should be filed within 3 years after the filing date. 

The substantive examination focuses on the novelty and inventive step of the claims. During this procedure, the SIPO may issue one or more office actions, a reply to each of which will be needed. Substantive examination currently takes 12-18 months, depending on different technical areas. If the substantive examination is passed, the application will be granted after issue fees are paid.

Annuities should be paid for granted patents every year in order to maintain the patent in force. Failure to pay the annuities will eventually results in abandonment of the patent rights.






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