How to apply for a patent

english.shanghai.gov.cn

Application

Basic Information

  • Handling Authority: Shanghai Intellectual Property Administration
  • Service Targets: Natural persons, for-profit legal persons, non-profit legal persons.
  • Promised Timeframe for Completion: Within 3 working days. (Upon receipt of the application materials, the review will be completed within 3 working days. The Patent Application Acceptance Notification and the Fee Payment Notification will be issued and submitted to the Patent Office of the China National Intellectual Property Administration.)

Conditions of Acceptance

Patent applicants who have a habitual residence or business office in the Chinese mainland can handle patent applications by themselves or entrust a legally incorporated patent agency to act as their agent.

Patent applicants who have no habitual residence or business office in the Chinese mainland must entrust a legally incorporated patent agency to handle their patent applications, whether applying individually or acting as a representative.

Required Documents

All application documents must be in Chinese (except for certificates or evidence provided by foreign government departments). A Chinese translation must accompany foreign application documents.

  • For Invention Patent: Invention patent request, abstract of description, claims, description (with accompanying drawings if appropriate).
  • For Utility Model Patent: Utility model patent request, abstract of description, claims, description, and drawings accompanying the description.
  • For Design Patent: Design patent request, pictures or photographs of the design, and a brief explanation of the design.

Handling Procedures

1. Preparation: Prepare the application documents according to the requirements above (printed on A4 paper or prepared in the required electronic format).

2. Submission:

  • Online Submission: Applicants can submit electronic application documents via the Patent Business Handling System.
  • In-person Submission: Applicants can submit paper application documents directly at the service window.
  • Postal Submission: Paper application documents can be mailed to:
  • Address: Shanghai Service Window of China National Intellectual Property Administration, No 340 Shibocun Road, Pudong New Area, Shanghai
  • Postal Code: 200125

3. Acceptance Review: Upon receipt of the documents, the Patent Office will conduct a review. If the documents qualify, a Patent Application Acceptance Notification and a Fee Payment Notification will be issued. If not, a Non-acceptance Notification will be issued explaining the reasons (unaccepted documents will not be returned).

4. Fee Payment: Applicants shall pay the patent fees within 2 months of the filing date or within 15 days of receipt of the acceptance notification, in the amount specified in the Fee Payment Notification.

Fees

  • Subject to Fees: Yes
  • Fee Standards:
  • Invention Patent Application Fee: 900 yuan
  • Utility Model Patent Application Fee: 500 yuan
  • Design Patent Application Fee: 500 yuan
  • Fee Reduction Allowed: Yes (Applicants facing financial difficulties may request a reduction in accordance with regulations).

Handling Place and Opening Hours

  • Location: Windows 1-3, Shanghai Service Window of China National Intellectual Property Administration, No 340 Shibocun Road, Nanmatou Road subdistrict, Pudong New Area, Shanghai
  • Business Hours: Monday to Friday, 9 am - 11:30 am, 1:30 pm - 5 pm (Except statutory holidays)

Inquiries & Complaints

  • Inquiry: 021-8036 3300
  • Supervision & Complaint: 021-12345
  • In-person Complaint: Administrative Service Center of Shanghai Intellectual Property Administration, No 340 Shibocun Road, Pudong New Area, Shanghai

FAQ: How is the Patent Application Acceptance Notification Delivered ?

  1. Collection in Person: For applications submitted in person, the notifications are generally collected at the window (or can be requested to be sent by mail).
  2. Delivery by Mail: For other non-direct delivery scenarios, the Patent Office will send the notifications via registered mail.
  3. Electronic Delivery: For applications submitted online, the Patent Office will issue notifications in electronic format through the electronic application system.
  4. Delivery by Public Notice: If a notification is returned due to an unclear address or other reasons, it will be served by public notice in the Patent Gazette. It is deemed served one month after the date of publication.

Note: The English text is for reference only. In case of any discrepancies, the Chinese version shall prevail.