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A China Checklist

By Jon F. Tuttle and Min (Amy) Xu
October 07, 2003

Any company considering an expansion into China should be aware of the specific challenges of Chinese intellectual property law. As the country takes its place in the global economy, many aspects of IP law are evolving quickly. Often, the company with the best IP strategy gains a critical advantage over its competitors.

 
Before filing a patent application in China, companies should consider the following issues.

Translations: The Chinese Patent Office, a part of the State Intellectual Property Office, only examines patent applications written in Chinese. If an application is filed through the Patent Cooperation Treaty, it can be filed in English as long as the Chinese translation is filed within two months.
Translation from one language to another may cause deviations from the original meaning, which can affect the scope of the patent protection. It is important for U.S. filers to submit applications in both the original English version and a translated Chinese version, so if a question arises over the meaning of a word or phrase in the translated version, the original version provides support and clarification.

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