FAQ

Which patent examination system does China adopt?

The Patent Law of China regulates that China adopts a substantive examination system to invention. Upon the request of the applicant, the Patent Administration Department under the State Council should publicize the application earlier, and the examination ought to be based on request from applicants. Preliminary examination system is adopted for application for a patent of utility model or design. Whenever there is a case involving in the utility model patent, the court and patent administration department can ask for the patentee to provide the examination report sealed by SIPO. This is a supplementary measure to remedy deficiency of the preliminary examination system.