Hainan Patent Application Guide

Hainan patent application is one way to protect your intellectual property rights in Hainan. A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. Companies owning patents and doing business with China, wishing to create long-term value and either finding an investor for their patent or licensing their patent in the future is strongly advised to use the Chinese patent system.

Types of Patents Granted in China
The Chinese Patent Law provides protection for three types of patents in China, including: patent for invention, patent for utility model and patent for design.
(1) Invention Patent: products, methods or new technical plans proposed for its improvement.
(2) Utility Model Patent: the shape or the structure of the product or the proposed applicable new technical plans developed from the combination of both.
(3) Design Patent: the shape, pattern, color of the product, or the new design which is applicable and may arouse aesthetic sensibilities developed form the combination of them.

Comparison of Advantages and Disadvantages
(1) Invention patent: International search and examination required, lengthening processing time for application, with a stronger protection and a longer protection period.
(2) Utility Model patent: A shorter processing time for application than that for an invention patent as only formal examination required, with a weaker protection resulting from only formal examination being done.
(3) Design patent: Protection to be covered to the appearance of the design only, with its technical aspect excluded.

Language Required for Filing Patent Application
All documents for a Chinese patent application should be prepared in Chinese language. If the State Intellectual Property Office of People’s Republic of China (SIPO) finds it necessary, the applicant needs to prepare within a designated time limit a Chinese translation of a certificate or a certified document in a foreign language, with the exception of priority documents.

Term of Validity Period
(1) Invention patent: Renewable each year upon the end of the first year of grant up to 20years.
(2) Utility Model patent: Renewable upon the end of the first year from the submission date for application, up to 10 years.
(3) Design patent: Renewed upon the end of the first year from the submission date for application up to 10years.

Government’s Incentives
The Chinese government has set up a special fund to support Chinese applicants to apply for patents in foreign countries, and an applicant who successfully applies for a foreign patent may receive a grant of an amount up to RMB100,000.00.

Contact Us
If you have further queries, don’t hesitate to contact Tannet anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling our hotline at 86-755-82143181, 86-755-82143422, or emailing to tannet-solution@hotmail.com. Our experienced consultants will be glad to assist and advice on how to approach your particular challenge.