What is a patent evaluation report?
A patent evaluation report is a report issued by the National Intellectual Property Administration of the PRC (previously referred to as “SIPO”) based on a database search and analysis, which evaluates whether a utility model or design patent satisfy the legal requirements for granting a patent right.
Why do we need to provide the patent evaluation report together with design/utility model patent registration certificate?
Since utility model patent or design patent do not undergo substantial examination before the patent is granted, these types of patent rights are inherently unstable. To confirm whether a utility model or design patent satisfies to the legal requirements for granting a patent right, the patent evaluation report is required for authentication.
Who can apply for the patent evaluation report?
According to the patent law, only patentees and interested parties can apply for issuing a patent evaluation report by P.R.C. National Intellectual Property Administration (previously referred to as“SIPO”). (Note: The “interested parties” are parties that are qualified to file complaints or lawsuits with the patent administration authority just as a patentee.
If I have received the utility model/design patent registration certificate, how to apply for patent evaluation report?
If a utility model/design patent application has been granted the utility model/design patent registration certificate, the patentee or interested parties could follow the instructions to apply for patent evaluation report at http://www.cnipa.gov.cn/jldxx/1062986.htm .
If my patent has been assigned/altered, how to provide the patent information?
If your patent has been assigned/altered, please provide a certified copy of the patent register.
My patent has been registered outside of mainland China, can it be protected in mainland China?
Due to the territorial nature of patent rights, the protection for patent rights is limited to the country/area where it is registered. According to the PRC Patent Law, a patent right registered in mainland China is required if you wish to protect your patent in mainland China.
I have several invention/utility model/design patents, can I submit them together for verification?
No. You need to submit each of your invention patents, utility models and/or design patents separately for verification.
How long is the protection period of my registered patent?
The protection period for invention patent is 20 years, 15years for design patent and 10 years for utility model patent.