Filing Tips

Chinese applications must be filed in Chinese. The Chinese associates, of course, are perfectly willing to translate the application into Chinese, and do a reasonably good job of it. But the cost is high. An alternative strategy is to have the translation done in the United States, send the Chinese translated claims to the foreign associate, and have them translate the claims back into English. If the re-translated claims approximate that of the original English version, then the Chinese translation is probably adequate. If not the Chinese translation needs to be fixed.

China generally enforces an absolute novelty bar, but does provide a six month grace period for improper disclosure by another.

Securing patents in the People's Republic of China is not so very different from securing patents elsewhere. The Chinese patent office substantively examines applications, and issues office actions. The standards are reasonably close to those in the United States, and indeed our experience is that the Chinese patent office often appears to rubber stamp the Chinese application as soon as the corresponding U.S. or EPO patent issues.