Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice. 

The Patent Law of the People’s Republic of China (“Patent Law”) adopts a first to file system. However, China is a member of the Paris Convention, allowing a prior filing date to be regarded as the priority date if filed in another Paris Convention member country within 12 months before the filing date in China.

It takes approximately five years to prosecute a patent in China. Until the patent is granted, information submitted for review is to be kept confidential by reviewers, but there is no guarantee of confidentiality.

The time limit for patentees to file infringement actions is 2 years from the date the patentee becomes aware or should have known of the infringing activity. Statutory damages for infringement generally do not amount to more than RMB 500,000.