The rapid growth of Chinese Industry is unparalleled in world history. China just recently surpassed Germany in terms of exports. To some, that may not be saying a lot. However, just last year, Germany was the world's leading exporter of goods and services, ahead of the United States. This makes China No. 1 in terms of exports and in export growth. Outside of exports, the economy of the People's Republic of China is the fourth largest in the world when measured by nominal Gross Domestic Product and is predicted to surpass Germany to assume third place in early 2008. On this measure, the US is still the world leader, yet able to boast having the largest consumer market. This of course will change too'it?s just a matter of time. Given that the life of a patent is 20 years from filing, you have to think long term when you think about where to file your patent applications. Within the scope of 20 years, almost every economist agrees that China will surpass all other nations in economic dominance. Therefore, obtaining a patent in China should be an important aspect of your overall intellectual property strategy. Beyond the usual problems associated with a young and developing legal environment, the biggest problem for those wishing to protect their ideas and trademarks in China is finding reliable, and skilled Chinese patent attorneys to do the work for you, to represent you before the Chinese Patent Office, and before the courts. Zheng Shengli, dean of the intellectual property law school of Peking University, has been quoted as saying in late October that by 2010, China may need 55,000 to 60,000 IP professionals and 30,000 more experts will be needed in the following decade. "The number of patent filings has been growing by 15 percent on average in the past three years," said Zheng. "China led the world in trademark numbers for three years in a row, and the number of copyright registrations also grew substantially, so without adding more hands, authorities will have difficulty handling the demands." The demand is not just from Western companies and individuals. As China's economy grows, so too will the internal demand for Chinese patent attorneys and IP professionals. Yes, China is becoming a global innovator, and is evolving away, albeit too slowly, from its copycat past. For example, China is taking the lead in the design and development of diesel engines. Just last week, China Yuchai International Limited , the leading manufacturer and distributor of diesel engines in China, announced its latest R&D innovation -- a hybrid diesel/electric engine, which has been widely recognized as a major technological development for energy conservation and emission reduction. "As China's economy continues to grow rapidly and shifts from manufacturing to one that is more innovation-based, it is becoming a hotbed of patent activity," said David Brown, Executive Vice President, Thomson Scientific. Consequently, as China's own enterprises begin to claw for the best and the brightest of China's IP talent, less and less will remain for the foreigner. The Costs of Protection in China Given the size of the market and the prospects for growth of that market over the life of a patent, obtaining Chinese patent protection is inexpensive. If a US or European patent application has already been written, it costs about $4500 to translate and file the same application in China. Obtaining copyright protection begins at about $500 per work. Chinese Trademarks can be had for about $2000 per mark.
File A Patent Application
There are many hurdles involved with gaining a patent. If you are interested in gaining one, your first task is to file a patent application, complete with all the bells and whistles required by the United States Patent and Trademark Office. There are a number of standard forms to fill out in addition to quite a bit of writing.
A single application will vary in complexity and length. An application might range from about 25 pages up to thousands. In 1991, the National Institute of Health tried to patent practically the entire human brain, or at least 2,600 DNA sequences of it in an enormous patent application which was ultimately declined.
One of the most important and involved sections of a patent application is the specification. The specification specifies exactly what has been invented and thus, what the patent will cover if the application is granted.
There is usually a great deal of background information involved with a specification. Think of it as a report, one that relays all the background information related to the invented subject matter. You (or preferably someone you hire) will need to scour all the available references to make the background as complete as possible. From existing patents to magazine articles and even dissertations to formal presentations, everything that is available must be checked and if found relevant, woven it into your application. The more research done, the better.
At the end of the specification is a section known as the claims. The claims explicitly outline what is being patented. They are used to define the scope of an invention. Here is an example to help you better understand the claims.
Let's say an inventor invents a new type of ink pen and begins writing his patent application. He will need to write specific claims regarding the exact features of the ink pen that he considers his invention. For example, his claims will define whether the invention is only the ink cartridge or the entire pen. If his invention only encompasses the ink cartridge, his claims will need to outline whether the ink, the cartridge or both are being claimed. If only the cartridge is being claimed, then he will need to write claims directed toward the cartridge. The claims will describe exactly what is special about the ink cartridge and what makes it different from other ink cartridges.
The claims are important because they clearly set the boundaries for the invention. The claims will help the examiner decide if the invention warrants a patent based upon whether or not the invention really is new and patentable. In addition, if a patent is in fact granted for the ink cartridge and later on, a company begins manufacturing the same ink cartridge without authorization from the applicant owner, an infringement case may ensue. In this instance, the claims will help the courts decide whether or not infringement of the patent actually occurred.
We've just scratched the surface of the makings of a patent application. There is much more to applying for a patent application than this and several other components. In fact, there are a few different patent application types to choose from before you even get started. In addition, you need to pay attention to all sorts of details, such as how you mail in your application and the exact forms you send in with it.
Both Nathan Martyn. Nathan Martyn. & Lisa Parmley are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Nathan Martyn. Nathan Martyn. has sinced written about articles on various topics from Patent and Trademark. Moetteli & Associ's S'RL is a firm of European and US Patent attorneys. The firm is licensed to prepare and file patent and trademark applications directly in the US and Europe and can manage any filing in China.. Nathan Martyn. Nathan Martyn.'s top article generates over 590 views. to your Favourites.
Lisa Parmley has sinced written about articles on various topics from College Education, Patent and Trademark and Education. Copyright ? 2006 All Rights Reserved.Visit PatentLawPortal.com for more information on . Search copyright, trademark, and patent attorneys.. Lisa Parmley's top article generates over 4400 views. to your Favourites.
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