Due to different needs of clients, helping clients to obtain various documents has become increasingly common business for intellectual property firms. This article summarizes common patent documents, with a view to providing a reference for accurately requesting documents before the Chinese Patent Office (hereinafter, the CNIPA) by a patent firm.

Priority Document

An applicant can submit the request for ordering Priority Document with the CNIPA after the new application is submitted so as to claim priority in other countries/patent cooperation organizations.

The time limit for requesting the Priority Document from the CNIPA is as follows: within 12 months from the filing date of an invention or utility model patent application; or within 6 months from the filing date of a design patent application. Exceeding the above period, the CNIPA will not deal with such request.

1. Official fee

The official charge is 30CNY per copy for a first application under the Paris Convention; and 150CNY per copy for a PCT International Application.

2. The required documents

"Request for the Duplicate Copy", which has been signed by the applicant or sealed by the representing firm of the case, needs to be submitted with the CNIPA. If the applicant entrusts other firm to handle this matter, in addition to the "Request for the Duplicate Copy", the original power of attorney, the ID card of the operator and a copy of identity certificate of the applicant should also be filed with the CNIPA.

3. Release time

The certificated Priority Document will be issued in about 13 working days from the request filing date.

Patent Evaluation Report

Where any infringement dispute relates to a patent for utility model or design, the Court or the patent administrative authority for patent affairs may ask the patentee or any interested party to furnish an evaluation report of patent made by the CNIPA.

At the request of the patentee or interested party, the CNIPA shall conduct a search on the relevant utility model patent or design patent, analyze and evaluate whether the patent is in conformity with the grant conditions provided in the Patent Law and its Implementing Regulations, and make an evaluation report of patent.

The object of the request for an evaluation report of patent shall be the granted utility model patent or design patent, including those terminated or renounced.

1. Official fee

The official charge is 2400CNY.

2. Required documents

A "Request for Evaluation Report of Patent" needs to be submitted with the CNIPA through the electronic filing system if the case was handled by the original firm. If the case was handled by other firm, in addition to the "Request for Evaluation Report of Patent", the original power of attorney that was executed by the applicant needs to be submitted with the CNIPA. The above documents should be in paper.

3. Release time

The Evaluation Report of Patent will be issued in about 2 months from the request filing date.

The above is a summary of the requesting of common patent documents. We hope that it will be helpful in the daily operations of patent firm staff.

Duplicate Copy of the Patent Register

The CNIPA shall establish the Patent Register when the patent right is granted. The contents to be recorded in the Patent Register include the grant of the patent right, transfer of the patent application or of the patent right, invalidation of the patent right, termination of the patent right, restoration of the patent right, pledge and preservation of the patent right and their discharge, the license contract for patent exploitation submitted for the record, and change in the name, nationality and address of the patentee, etc.

Duplicate copy of the Patent Register is made according to the Patent Register. After the announcement of grant of patent right, any person may request the CNIPA to issue a duplicate copy of the Patent Register.

1. Official fee

The official charge is 30CNY per copy.

2. The required documents

"Request for the Duplicate Copy", which has been executed by a requester or sealed by a firm, needs to be submitted with the CNIPA.

3. Release time

The Duplicate copy of the Patent Register will be issued in about 13 working days from the request filing date.

Duplicate Copy of Patent Certificate

Where for one patent there are two or more patentees, the CNIPA may issue duplicate copies of the patent certificate at the request of the joint patentees. However, the number of the duplicate copies of the patent certificate for one patent shall not exceed the number of the joint patentees. The CNIPA shall not issue any duplicate copy of the patent certificate once the patent right terminates.

If, after the issuance of the patent certificate, there is a change in the patentee due to transfer of the patent right, the CNIPA will not issue a duplicate copy of the patent certificate to the new or newly-added patentee.

A duplicate copy of a patent certificate has the word "Copy" indicated on it. The format and contents of the duplicate copy of a patent certificate shall be identical with the format and contents of the original.

1. Official fee

The official charge is 30CNY per copy.

2. The required documents

"Request for the Duplicate Copy", which has been executed by the joint patentee(s) or the representing firm of this case, needs to be submitted with the CNIPA. The requester may also submit the scanned copy for the first page of the original patent certificate simultaneously.

3. Release time

The Duplicate Copy of Patent Certificate will be issued in about 13 working days from the request filing date.

In addition, according to the announcement of the CNIPA, by March 3, 2020, the CNIPA will issue the Patent Certificate in electronic format without issuing the same in paper. If the patentee submits the request with the CNIPA, the CNIPA will only issue one copy of the Patent Certificate in paper.

The above is a summary of the requesting of common patent documents. We hope that it will be helpful in the daily operations of patent firm staff.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.