Patent filing, prosecution and invalidation in China
China examines and grants patents on a first-to-file basis, and foreign applicants must file through a Chinese patent agency. Good drafting and a clear filing strategy decide whether a patent can later be enforced. We are both attorneys and registered patent agents, so the person who drafts your claims also understands how they will be tested in court.
Types of patent
- Invention patent: substantive examination, up to 20 years of protection. Best for core technology.
- Utility model: for product structure and shape, no substantive examination, grant is usually much faster, up to 10 years.
- Design patent: appearance of a product, up to 15 years.
Ways to enter China
You can file directly in China, claim Paris Convention priority within 12 months of your first filing, or enter the national phase of a PCT application. We coordinate with your home counsel on translation, claim scope and timelines.
What we do
- Filing and prosecution, including office action responses
- Technical fields from software and electronics to mechanical engineering and control systems (we do not handle chemistry or biology cases)
- Freedom-to-operate analysis before launch
- Invalidation requests and defence of granted patents
- Patent ownership disputes with distributors, suppliers and joint-development partners
- Portfolio strategy that aligns filings with your China market plan
Questions we hear most
Should I file a utility model or an invention patent?
It depends on the technology and your timeline. A utility model suits products defined by structure and is granted faster, while an invention patent offers longer protection and survives a stronger examination. Many companies file both for different aspects of one product.
Can I wait until I enter the China market to file?
Waiting is risky. Public disclosure before filing may destroy novelty, and Paris priority only lasts 12 months from your first filing. Others, including local partners, may also file first.
A distributor filed a patent on technology we gave them. What can we do?
Possible routes include invalidation, a claim for transfer of ownership, and enforcement of your cooperation agreement. The best route depends on the documents, the filing dates and what the distributor actually received.