Asia Patent Filing

Asia Patent Filing

If you are willing to protect your invention in Asian countries like India, China, Japan and Korea, it is necessary to know that what kind of protection your invention requires:

Japan

Patent Right

20 years from filling Extention of a maximum of 5 years available for specified inventions

Utility Model Right

10 years from filling

Design Right

20 years from Registration

China

Patent Right

20 years from filling

Utility Model Right

10 years from filling

Design Right

10 years from filling

Korea

Patent Right

20 years from filling Extention of a maximum of 5 years available for specified inventions

Utility Model Right

10 years from filling

Design Right

15 years from Registration

India

Patent Right

20 years

Utility Model Right

na

Design Right

10 years from Registration

Taiwan

Patent Right

20 years

Utility Model Right

na

Design Right

10 years from Registration

Patent filing in China

If you seek protection for your invention in China, the timeline and requirement of documents are as follows:

Application Submission: Following documents must be submitted at the time of filing the application to the State Intellectual Property Office of the P.R.C. (SIPO)

  • Translated patent specification (A Chinese translated copy of the application must be submitted at the time of filing)
  • Claims
  • Abstract
  • Original figures
  • An official application form (prepared by attorney)
  • Power of Attorney
  • Translated amendments (if filed at the international stage)

Examination deadline: The applicant must submit a request for substantive examination for a patent right within 3 years from the filing date of the application.

For utility model and design patent, SIPO (the State Intellectual Property Office of the P.R.C.) does not provide provision of requesting examination.

Patent filing in China

* A national phase application must be submitted within 30 months of the PCT priority date. A two month extension is possible, conditional upon payment of additional fees

Patent filing in Japan

If you seek protection for your invention in Japan, the timeline and requirement of documents are as follows:

Application Submission: Following documents must be submitted to the Japanese Patent Office (JPO) at the time of patent application filing:

  • Translated patent specifications (JPO provides provision of filing the application in a foreign language, however a Japanese translation is still required. The deadline to file a Japanese translation is 2 months after the date of national phase filing.)
  • Claims
  • Abstract
  • Original figures
  • An official application form (prepared by attorney)
  • Translated amendments (if filed at the international stage)

Examination deadline: The applicant must submit a request for substantive examination for a patent right within 3 years from the date of filing of the application.

For utility model and design patent, JPO does not provide provision of requesting examination.

Patent filing in Japan
Patent filing in Korea

If you seek protection for your invention in Korea, the timeline and requirement of documents are as follows:

Application Submission: Following documents must be submitted to the Korean Intellectual Property Office (KIPO) in case of patent filing:

  • Translated patent specifications
  • Claims
  • Abstract
  • Original figures
  • An official application form (prepared by attorney)
  • Power of Attorney
  • Translated amendments (if filed at the international stage)

Examination deadline: The applicant must submit a request for substantive examination for a patent right within 3 years from the date of filing of the application.

Also, for utility model, the applicant can file examination request within 3 years of filing date; however in case of design patents, KIPO does not provide provision of requesting examination.

Patent filing in Korea
Patent filing in India

If you seek protection for your invention in India, the timeline and requirement of documents are as follows:

Application Submission: Following documents must be submitted to the Indian Patent Office (IPO) in case of patent filing:

  • 1. Patent in Form 1- Application for Grant of patent- section 7, 54 & 135 and Rule 20-1
  • 2. Form 2- Provisional/Complete specification in duplicate- Section 10 and Rule 13;
  • 3. Form 3- Statement and Undertaking-Section 8-Rule 12
  • 4. Form 26-Power of Attorney in (in case a patent agent is assigned) (in original)(Rule 3.3 (a)(ii)).
  • 5. Form 5-Declaration of Inventorship
  • 6. Form 28
  • 7. certified the true copy of the Priority document (in case priority is claimed).
  • 8. Online Payment/DD/Cheque
Patent filing in India
Patent filing in U.S.A

There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

  • Utility Patent Application Transmittal Form or Transmittal Letter
  • Appropriate Fees
  • Application Data Sheet (see 37 CFR ยง 1.76)
  • Specification (with at least one claim, drawing, abstract)
  • Drawings (when necessary)
  • Executed Oath or Declaration
  • Nucleotide and Amino Acid Sequence Listing (when necessary)
  • Large Tables or Computer Listings (when necessary)