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Frequently Asked Questions About Patent
1.What is a patent?
2.How many types of patent protection are provided in China?
3.What is the duration of a patent in China?
4.Which subject matters can not be granted a patent?
5.What kind of invention or utility model or design can be granted a patent?
6.What is the priority?
7.What is the file system in the Chinese patent application?
8.Which language does my application need to be file in China?
9.What is the deadline for entering the national phase application based on PCT application?
10.When will a patent application be published in China?
11.When shall the applicant file a request for a substantive examination?
12.Whether can the applicant proceed with amending the application on his or its own initiative after filing an application?
13.What criteria are used to determine the scope of a patent protection?
14.If an application is rejected, what shall the applicant do?
15.Who may declare a patent invalidation?
16.Whether does the patentee mark the patent number on the products?
17.How to file a patent application for foreign entities and individuals?
18.If a patent is infringed, what can the patentee do?


5.What kind of invention or utility model or design can be granted a patent?
  The Chinese Patent Law provides that any invention or utility model for which a patent right is granted must possess novelty, inventiveness and practical applicability.
---Novelty An invention or utility model is novel if, before the filing date, no identical invention or utility  
     model has been disclosed in publications anywhere in the world, or has been publicly used or made  
     known to the public by any other means in China. Novelty is destroyed by an application, filed earlier
     by other person that describes an identical invention or utility mode and is published by the State 
     Intellectual Property Office after the filing date of the said invention or utility model.
---Novelty A design is novel if it is not identical with and similar to any design, which, before the filing
     date, has been publicly disclosed in publications anywhere in the world or has been publicly used in 
     China, and must not be in conflict with any prior right of any other person.
---Inventiveness An invention possesses inventiveness if, compared with the technical solutions
     existing before the filing date, the invention has prominent substantive features and represents a
     notable progress.
---Inventiveness A utility model possesses inventiveness if it has substantive features and represents  
---Inventiveness There is no inventiveness requirement for design patent.
---practical applicability means that the invention or utility model can be made or used, and can 
     produce effective results.