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China Patent Protection

China patent protection


A patent is a monopoly right granted by a national or regional patent office to an inventor who has created something new under Chinese law, useful and non-obvious; e.g. an innovation in the pharmaceutical sector that results in a new headache pill or a new technology used in computer hardware. Obtaining a patent to cover an invention or new technology enables its creator to prevent others from using, selling, manufacturing or otherwise copying the innovation without permission for a limited period (generally 20 years, subject to the payment of maintenance fees). In return, the patent owner discloses details of the innovation behind the invention as part of the patent application, thereby ensuring that the technology enters into the public domain where it can be used freely once the patent expires.

This is a basic introduction to patents and the patenting process. For details on Our Firm’s specific patent services, including patent drafting, prior art searching, China and international filing strategies and litigation support, click our intellectual property services overview page. Contact one of our attorneys or to review their expertise in your sector.

By providing the patent owner with a legal means to prevent others from exploiting the protected invention, patents provide a crucial method for inventors to obtain a return on the investment in research and development that led to the creation of that new technology.

In general, patents will also help to prompt further innovation in the sector, as rival companies seek to develop their own solutions or technology to retain their competitive edge.


Experience and Technological Know-How Working to Protect Your Interests

A key element to effective patent protection is writing patent claims that define the invention as broadly as possible in China, but without overlapping prior art that could make the patent invalid. This is generally best done by someone with skill and experience in patent practice, so consulting with a patent attorney is a wise choice.

Our intellectual property attorneys are experienced in key technical disciplines, with many holding degrees in computer and software engineering, electrical engineering, mechanical engineering and aerospace engineering.

Working from a broad base of experience, our patent attorneys counsel clients in a range of industries. From long-standing products and technologies to the latest business-critical products or processes, prosecuting, maintaining, asserting and defending patents impacts virtually every aspect of your business. Developing a forward-thinking patent strategy through product development, patent procurement, due diligence and market analysis is essential to long-term business success.

To achieve your goals, you need an integrated law firm with the ability to understand and guide you through your business and technology strategies, and the capacity to enforce those rights in court. Holland & Knight has both the experience and perspective necessary to understand and support your business goals and strategies.

Representing a Broad Range of Clients to protect their patent

Our team represents foreign and domestic clients of all sizes in a wide range of technologies, including:

  • computer and software
  • medical devices
  • pharmaceuticals
  • biotechnology
  • chemistry-related innovations
  • electronics and electrical devices
  • mechanical devices
  • food and flavors
  • electromechanical devices

Recognizing the increasing importance of software and the unprecedented speed of new technological development in china, Our firm's patent attorneys quickly work to secure our clients' interests on a broad basis, creating strong patent portfolios to leverage in the marketplace. Our Patent lawyer obtain comprehensive patents and patent families, securing both design as well as utility patents when appropriate.

The main purpose of patents is to protect innovative products and processes from unwanted copying. Patent owners gain a territorial monopoly right of use for a limited period. At the same time, patents are an important source of information, since the disclosure of an invention is an incentive for further innovations. If you are the owner of a patent you can exploit your invention yourself and secure an exclusive position on the market, or you can sell or license your patent.

Patent protection strengthens the position of an enterprise in the global market and is a significant location factor. The patent portfolio of a company is a valuable asset and reveals the innovative potential of a company or an individual inventor. Patents have an important role in technology transfer. They can help to find partners for further developments and business cooperation, or they can be useful when a company applies for funding.

Patents help secure the resources invested in research and development and, by means of successful marketing strategies, allow reinvestment that, in turn, is the driving force of research and development.

You can find out more about China Patent lawyer's services and the processes for obtaining, maintaining and enforcing patent rights using the links above. Alternatively, contact our customer support team, using the contact form at the top right of this page.

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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.