China is a member of the Pairs Convention and a member of the Patent Cooperation Treaty governed by the Chapters I and II.

Types of Patent
Three types of patent can be protected in P. R. China, i.e. patent for invention, utility model, and design.

Patent Duration
The duration of patent for invention is twenty years, the duration of patent for utility model and design is ten years, counted from the filing date in China.

The Scope of the Protection
The scope of protection of the patent right for invention or utility model shall be determined by the terms of the claims. The Specification and the appended drawings may be used to interpret the claims. The scope of protection of the patent right for design shall be determined by the product incorporating the patented design as shown in the drawings or photographs.

Definition of Invention, Utility Model and Design

"Invention" in the Patent Law means any new technical solution relating to a product, a process or improvement thereof.

"Utility model" in the Patent Law means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.

"Design" in the Patent Law means any new design of the shape, pattern, or their combination and the combination of color and shape or design, of a product, which creates an aesthetic feeling and is fit for industrial application.

Un-patentable Subject Matters
No patent right shall be granted for any of the following subject matters:

1. Scientific discoveries;
2. Rules and methods for mental activities;
3. Methods for the diagnosis or for the treatment of diseases;
4. Animal and plant varieties;
5. Substances obtained by means of nuclear transformation.

For processes used for producing products referred to in item (4), patent may be granted

Conventional Priority
In accordance with any agreement concluded between the foreign country and P. R. China, or any international treaty to which both countries have agreed upon, or on the basis of the principle of mutual recognition of the right of priority, the applicant may enjoy a right of priority when filing the application in P. R. China.

Conventional priority for patent applications for invention and utility model can be claimed within twelve months from the date of first filing outside China. Conventional priority for patent applications for design can be claimed within six months from the date of first filing outside China.

Entry of PCT Applications
A PCT application should enter into Chinese national phase within 30 months from the priority date. If the applicant for a PCT application fails to go through the relevant formalities for entering the Chinese national phase within 30 months from the priority date, he may, after paying a surcharge for the late entry, go through these formalities before the expiration of the time limit of 32 months respectively from the priority date.