Patent Protection in China for Foreign Companies

Protecting your inventions in China requires understanding the local patent system. Here's what foreign companies need to know about patent registration and enforcement.

Types of Patents in China

Invention Patents

• New technical solutions
• 20-year protection
• Substantive examination required
• Takes 2-4 years to grant

Utility Model Patents

• New technical solutions for product shape/structure
• 10-year protection
• No substantive examination
• Granted in 6-12 months

Design Patents

• New designs for product appearance
• 15-year protection
• No substantive examination
• Granted in 6-12 months

Filing Routes

Direct Filing

• File directly with CNIPA
• Must use Chinese patent agent
• Application in Chinese

PCT Route

• File international PCT application
• Enter China national phase within 30 months
• More time to decide on China filing

Application Requirements

• Description of invention
• Claims defining protection scope
• Drawings (if applicable)
• Abstract
• Priority documents (if claiming priority)

Enforcement Options

Administrative Action

• File complaint with local IP office
• Fast and low cost
• Can order cessation of infringement
• Limited damages available

Civil Litigation

• File lawsuit in court
• Injunctions and damages available
• Higher costs but stronger remedies
• Specialized IP courts in major cities

Damages Available

• Actual losses suffered
• Infringer's profits
• Reasonable royalty
• Statutory damages up to ¥5 million
• Punitive damages for willful infringement

Common Challenges

• Proving infringement
• Evidence collection
• Validity challenges by infringers
• Enforcement against small infringers

Best Practices

• File early - first-to-file system
• Consider utility models for quick protection
• Monitor for infringement
• Maintain good records
• Work with experienced local counsel