Filing Requirements for Application for a Patent for Invention and Utility Model in China

(If Convention Application)

1. A duly executed Power of Attorney (Download), which can be submitted later within the time limit set by State Intellectual Property Office of P.R.C. on its notification of amendment.

2. Instruction Letter, indicating the following information:

Title of invention;

Name and address of the applicant(s) and the inventor(s);

Information of priority right including priority date and initial filing number and the country where the initial application was filed (if priority is claimed).

In case of a Japanese applicant, both Japanese and Chinese characters should be given for the names and address, and so does Korean applicant; Both English and Chinese are needed for the applicants located in Hong Kong, Macao, Taiwan, and some Asian Countries where Chinese is also used.

3. Description, claims, abstract, drawings (if any).

4. Certified priority document (if priority right is claimed), which can be later submitted within three months from the Chinese filing date.

5. A duly executed Assignment (if the applicant as indicated in the certified priority document is different from the one who files the application in China.), which can be later submitted within three months from the Chinese filing date.

Note:

If one-year priority period is over, the application can still be filed as new application without claiming the conventional priority right, provided that the application first filed in another country is not yet laid open.

For a utility model application, method cannot be claimed. And it must include drawings, whereas a patent for invention can include no drawings.