Patents (China) [Q34]
6. Q: What documents are necessary for filing a patent application in China?

To file a patent application in China, the following documents are required:

(1) a letter of instructions indicating the type of the application to be applied for, i.e., an application for a patent for invention, for a utility model or for a design; the name, address and nationality of the applicant and the inventor; where any priority to a previous application filed in a foreign country is claimed, the filing date thereof, the country/region accepting the application and the application number of the previous application shall be indicated;

(2) a description, claims and an abstract;

(3) formal drawings (if any) and the figure accompanying the abstract;

(4) a power of attorney executed by the applicant, which requires neither notarization nor legalization and can be furnished after the patent application is filed within a time limit to be prescribed by the Chinese Patent Office;

(5) a certified copy of the priority documents, which shall be submitted to the Chinese Patent Office within three months from the Chinese filing date, otherwise the claim of priority shall be deemed not having been made;

(6) evidence for the assignment of priority right, if the applicant for the Chinese application is different from that recorded in the priority document, either the original assignment or a copy of the original but certified by the authorities or notarized by a notary public shall be submitted to the Chinese Patent Office within three months from the Chinese filing date;

(7) in case of a PCT application entering the national phase in China, a copy of the international publication pamphlet, the international preliminary examination report with annex and any amendments which the applicant would like to serve as the basis of examination after the application enters the Chinese national phase.

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