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China ip

Patent Protection
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By Peter Lin/ On 15 Oct, 2024

5 Critical Mistakes to Avoid When Filing Patents in China

When filing patents in China, many international companies make costly mistakes that could have been easily avoided. Based on our decade of experience handling 3,000+ IP cases, here are the five most critical errors and how to prevent them. 1. Waiting Too Long to File China operates on a strict "first-to-file" system. Unlike the US grace period, any public disclosure before filing can invalidate your patent application. We've seen companies lose patent rights simply because they presented at a conference before filing. Solution: File your Chinese patent application before any public disclosure, trade show, or academic publication. Consider filing provisionally to secure your priority date. 2. Using Direct Translation Without Technical Review Patent terminology requires precision. Direct translations often miss technical nuances or use incorrect Chinese technical terms, leading to weak patent claims or office action rejections. Solution: Work with IP professionals who combine technical expertise with translation skills. Our team includes Ph.D.-level experts who understand both the technology and Chinese patent terminology."Their backend QA system caught an error in our drawings that even our internal team missed. That's real expertise." - Dr. Andreas Müller, BioPhoton GmbH3. Ignoring the Patent Prosecution Highway (PPH) Many companies don't realize they can accelerate Chinese patent examination from 18-24 months down to 6-8 months using PPH, if they have corresponding patents in other jurisdictions. Solution: If you have granted or allowed patents in the US, Europe, Japan, or Korea, leverage PPH to fast-track your Chinese applications. This can save significant time and costs. 4. Filing Too Broad or Too Narrow Some companies file overly broad claims that get rejected, while others file too narrowly and miss protection opportunities. Both approaches waste time and money. Solution: Conduct thorough prior art analysis specific to China's patent database. Our strategic approach balances strong protection with realistic grant expectations. 5. Neglecting Portfolio Management Filing a patent is just the beginning. Without proper maintenance, renewal tracking, and strategic portfolio review, companies lose protection inadvertently or waste money on unnecessary patents. Solution: Use a systemized platform for tracking deadlines, renewals, and portfolio strategy. Our dashboard provides real-time visibility into your entire China IP portfolio. Key TakeawaysFile before any public disclosure Use technical experts for translations Leverage PPH when possible Balance claim scope strategically Implement systematic portfolio managementReady to protect your innovations in China the right way? Book a consultation with our patent experts today.

Trademark Protection
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By James Robertson/ On 20 Sep, 2024

China Trademark Registration Guide 2024: Everything You Need to Know

Understanding China's trademark system is crucial for any international brand entering the Chinese market. This comprehensive guide covers everything you need to know about trademark registration in China in 2024. Why Trademark Protection Matters in China China operates on a "first-to-file" system, meaning whoever files first owns the trademark rights—regardless of who used it first internationally. This has led to numerous cases of trademark squatting, where local entities register famous foreign brands before the actual brand owner does. Notable ExamplesNew Balance lost their Chinese trademark and had to pay $16 million Michael Jordan fought a 7-year legal battle over his Chinese name Tesla's trademark was initially registered by a Chinese businessmanThe Chinese Trademark Registration Process Step 1: Comprehensive Search (2-3 weeks) Before filing, conduct thorough searches across:Exact matches in all 45 Nice Classification classes Phonetic similarities in Chinese Visual similarities in logos Translation variationsPro Tip: Chinese consumers often create their own translations of foreign brand names. Search for these "folk translations" to avoid conflicts. Step 2: Chinese Name Selection Choosing the right Chinese name is critical. Consider:Phonetic similarity to your original name Positive meaning in Chinese Cultural appropriateness Memorability for Chinese consumers"The China IP Gateway team helped us build a full defensive trademark strategy. The dashboard showed real-time updates." - Kenji Tanaka, Luminex JapanStep 3: Multi-Class Filing Strategy Most brands need protection in multiple classes:Core classes: Your actual products/services Defensive classes: Adjacent categories where infringement is likely E-commerce classes: Class 35 for online retail is essentialStep 4: Application Filing (1-2 weeks) Required documents:Application forms for each class Clear trademark specimens Applicant identification documents Power of AttorneyStep 5: Examination (9-12 months) CNIPA (China National Intellectual Property Administration) reviews your application for:Absolute grounds (descriptiveness, prohibited marks) Relative grounds (conflicts with existing marks)Step 6: Publication & Registration (3 months) If approved, your trademark is published for opposition. If no opposition is filed within 3 months, you receive your registration certificate. Total Timeline: 12-15 months Pricing Structure Basic Registration: USD 600-900 per classIncludes search, filing, and official fees Monitoring during examination Certificate deliveryComprehensive Protection Package: Custom pricingMulti-class registration Defensive filing strategy Chinese name consultation Ongoing monitoringCommon Challenges & Solutions Challenge 1: Similar Existing Marks Solution: File in specific subclasses or modify your mark slightly while maintaining brand identity. Challenge 2: Descriptive Terms Solution: Add distinctive elements or create a coined term that's unique to China. Challenge 3: Translation Issues Solution: Work with native Chinese trademark experts who understand both linguistic and cultural nuances. Best Practices for International BrandsFile Early: Before entering the market or making announcements File Broadly: Cover all relevant classes from the start Monitor Actively: Set up trademark watching services Enforce Consistently: Take action against infringers quickly Use Professional Help: The cost of mistakes far exceeds professional feesPost-Registration MaintenanceRenewal: Every 10 years Use Requirements: Use within 3 years to avoid cancellation Record keeping: Maintain evidence of use Customs recordation: Register with Chinese customs for border enforcementConclusion Trademark protection in China requires proactive planning and expert guidance. With the right strategy, you can secure strong protection for your brand in the world's largest consumer market. Ready to protect your brand in China? Contact our trademark experts for a free consultation.