What legal procedures are necessary for the registration of patents in China?
In order to register and protect a patent in China, the following legal procedures must be followed. First, the inventor must file an application with the China Intellectual Property Office. The application must include the details of the invention, as well as the required documents. The documents must include a description of the invention, a statement of the motivation for the invention, an abstract of the invention, drawings of the invention, and a claim to the invention. Second, the patent application must be reviewed and evaluated by the China Intellectual Property Office. This can take several months for the review and evaluation process to be completed. The review process includes assessing the technical aspects and novelty of the invention, as well as its utility. The evaluation also includes conducting a patent search to determine if any similar patents have already been registered. Third, if the patent application is approved, the inventor will be granted a patent certificate, which is valid for twenty years. This certificate grants the inventor exclusive rights to the invention for the duration of the patent. During this time, the inventor can prevent others from making, selling, or using their invention without authorization. Finally, after the patent certificate is granted, the inventor can begin to enforce the patent rights it grants. If another person or company infringes on the patent rights, then the inventor can take legal action to protect their invention.
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