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Practice Areas | China IP Practice | Q & A |
 | 11. How long is the duration of protection for the patent right in China? | | |  | The duration of patent right for inventions shall be 20 years, and the duration of patent rights for utility models and designs shall be 10 years, commenced from the date of filing.
| | | | 12. What is a patent evaluation report in China? | | | | In the third amendment to the Patent Law of the People's Republic of China, the mechanism of patent search report for utility models was modified into a patent evaluation report system for utility models and designs, which specifies that the patentee and interested parties thereof may request for a patent evaluation report provided by the patent administration department under the State Council as evidence for hearing and dealing with patent infringement in the future.
In general, the patent evaluation report is neither an administrative decision nor a formal judgment to the validity of any patent right. To request for a patent evaluation report, the applicant shall submit a request for the patent evaluation report and the patent number shall be stated clearly. The patent administration department under the State Council shall provide a patent evaluation report within 2 months from the date of receiving the request. | | | | 13. When can an applicant make initiative revision of a patent applicationin China? | | | | The opportunities for initiative revision of a patent application in China only include the following two time points: (1) when making a request for substantial examination; and (2) within three months from the receipt of the notification of substantial examination of the patent application for invention from the patent administration department.
In general, for a patent application in China at present, it is infeasible to make initiative revision when replying to the office action and especially infeasible to add new claims.
Additionally, for a PCT application, in addition to the two opportunities for initiative revision mentioned above, when the application enters a national phase, the applicant may also have an opportunity to make initiative revision of the application document according to Article 28 or 41 of the PCT.
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