Does it make sense to get a patent in China?
One of the most frequent questions I get about getting a patent in China is whether anyone should even bother. Why file a patent overseas when you cannot enforce it?
Keep in mind that I am a US patent attorney. While we are not licensed to practice patent law outside the US, we do work closely with IP attorneys in foreign countries to coordinate our client’s foreign patent filings. Our foreign patent experience has enabled us to counsel our clients on what to expect when filing patents worldwide.
Need to file a patent in China? Email US patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to see how we can help you get foreign patent protection.
Are patents enforceable in China?
Yes, patents are enforceable in mainland China. China patent litigation might even be less costly than US patent litigation. Unlike US litigation, Chinese patent litigation does not involve a lengthy discovery process. Most of the evidence will consist of documentary evidence.
How much does it cost to file a China patent application?
Initial filing costs will vary widely depending upon whether your patent application has already been drafted and filed first in the US. If so, then the initial cost of translating and filing that same patent application in China will be lower.
For a utility patent that has already been drafted, the initial filing cost will start at approximately $4,000. Costs for an initial filing of a China utility patent application will depend on translation costs, foreign government costs, foreign associate fees and US attorney’s fees.
Should you consider a utility model?
A utility model may be a more cost-effective way to obtain patent protection in foreign countries. Unlike a regular utility patent application, a utility model typically skips the examination process. Lately, it appears that the Chinese patent office has been issuing more rejections of utility models.
Assuming no rejections, you will obtain patent rights more quickly and cheaply by filing a utility model. An accused infringer, however, will have the opportunity to challenge the validity of your utility model.
Need help with obtaining patents in China?
We work with experienced Chinese patent firms. Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to find out how we can help you obtain patent protection in China.
