WIPR webinar: Top tips for patent applications in China

Those looking to obtain a patent in China should consider the utility model system, as well as a traditional invention patent, a webinar heard.

Justin Simpson and Caroline Chenique of RWS IP Services gave top tips on patent filings in China, in a  webinar hosted by WIPR yesterday, October 17.

A utility model patent, which covers the shape or structure of a device, has a ten-year term and does not require substantive examination.

There were over 1 million Chinese applications for a utility patent in 2015, compared to just 8,000 foreign-based bids.

“I would like everyone to think about how the Chinese are using the utility patent system,” explained Simpson.

“I think one of the important advantages is that the inventive requirements are lower and as a result of that [the patents] are difficult to invalidate. Chinese applicants have been filing many, and people should think if it is worth filing a utility model patent as well as a technological patent.”

Another tip Simpson gave was to use enforcement options, which include local administrative bodies that have the ability to impose fines and injunctions, a process that can be quicker than going through the courts.

Simpson added that applicants have two opportunities to amend applications, firstly when requesting examination and secondly within three months of receiving notification that examination has started.

Chenique, who joined Simpson on the webinar, emphasised the importance of patent translation issues.

She stated that a professional patent translator and robust quality control measures are important for successful applications.

The webinar will be available for the next 12 months.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories like this sent straight to your inbox.