We offer you more than just
a typical IP agency


About Squire Patton Boggs

Squire Patton Boggs is a professional IP agert. We provide the world’s pre-eminent intellectual property institutions with a full business law service. It is a seamless service that operates on any scale – locally or globally. It encompasses virtually every matter, jurisdiction and market. And we place you at the core of everything we do.

Squire Patton Boggs’s Intellectual Property Practice Group is distinguished by the deep legal and practical experience of our attorneys and IP specialists, by our strong business focus, and by our drive to deliver the best value to our clients. We offer world class experience and service levels at rates well below competing firms in Beijing, Shanghai, Guangzhou, Shenzhen, Suzhou and other major markets.

Practice Areas

  • Patent: working to secure the most robust and effective patent protection
  • Trademark: protect our clients' most valuable assets: their brands
  • Copyright: advising on the best protection for original works
  • Domain name: safeguarding clients' brands in an evolving digital landscape
  • Due diligence: carrying out thorough assessments of IP right portfolios
  • Commercial services: assist clients to commercialise their IP to its full value

Frequently Asked Questions

Specialist

1What kind of IP types exist in China?

Trade marks, invention patents, utility model patents (UM), design patents, copyrights, trade secrets, geographical indications (GI), new plant varieties, layout designs of integrated circuits and user graphic interfaces (UGI).

2If I have filed for a patent registration in my home country, can I also file for it in China?

One of the requirements for patent protection in China is that the invention is “novel” meaning that it hasn’t been disclosed to the public anywhere in the world.

Consequently, if your patent has already been published in a Patent Gazette abroad, for example, then you will not be able to patent it in China.

If you have filed a patent application in any EU Member States, then you can file an application in China within 12 months of the European application date in case of invention patents, and within 6 months in case of UMs.

If you have filed a patent application via the PCT, then within 30 months you can still initiate the national phase with the State Intellectual Property Office (SIPO) of China.

3When is the best time to protect my IP?

In China, local registration is necessary in most cases, to protect your IP and the country operates a first-to-file system. Hence, an IP protection and management strategy should be put in place a year beforehand at least (in order to finish the necessary IP registrations; without registration, you can’t enforce your rights in most cases), if your company has short to medium-term plans to do business in/with China.

For the protection of your rights, it is highly recommended that you register your rights before you attend trade fairs, meet with potential partners or start to sell online.

Once you entered the Chinese market you will most likely have limited options to take preventive action or the cost and risk will be higher.

4How can a design right be protected in China?

A design can be protected under China’s Patent Law, by registering for a design patent at the China State Intellectual Property Office. The application fee is RMB500 (approximately USD75) and the process usually lasts for 6-9 months. Subject to annuity payments, the design is protected for a non-renewable term of ten years.

5Do I need to register my trade mark in China?

In order to enable you to be owner of the trade mark in China, you need to register it in China. A Europe or United states -registered trade mark is not protected in China. Remember that China operates a first-to-file system, meaning that the person or company first submitting a valid application will own the mark.

Zhijun Fang

Partner, Trademark attorney, Patent agency


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