Patent Law in China

Description: This quiz covers the fundamental aspects of Patent Law in China, including the types of patents, the application process, and the rights and obligations of patent holders.
Number of Questions: 15
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Tags: patent law china intellectual property
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Which government agency is responsible for administering patent law in China?

  1. The State Intellectual Property Office (SIPO)

  2. The Ministry of Commerce

  3. The National Development and Reform Commission

  4. The Supreme People's Court


Correct Option: A
Explanation:

SIPO is the government agency responsible for administering patent law in China. It is responsible for receiving, examining, and granting patents, as well as enforcing patent rights.

What are the different types of patents available in China?

  1. Utility patents

  2. Design patents

  3. Plant patents

  4. All of the above


Correct Option: D
Explanation:

In China, there are three main types of patents: utility patents, design patents, and plant patents. Utility patents protect inventions, design patents protect the ornamental design of an article, and plant patents protect new varieties of plants.

What is the duration of a utility patent in China?

  1. 20 years

  2. 15 years

  3. 10 years

  4. 5 years


Correct Option: A
Explanation:

The duration of a utility patent in China is 20 years from the date of filing.

What is the duration of a design patent in China?

  1. 10 years

  2. 15 years

  3. 20 years

  4. 25 years


Correct Option: A
Explanation:

The duration of a design patent in China is 10 years from the date of filing.

What is the duration of a plant patent in China?

  1. 18 years

  2. 20 years

  3. 15 years

  4. 12 years


Correct Option: A
Explanation:

The duration of a plant patent in China is 18 years from the date of filing.

Who can apply for a patent in China?

  1. Individuals

  2. Legal entities

  3. Both individuals and legal entities

  4. None of the above


Correct Option: C
Explanation:

Both individuals and legal entities can apply for a patent in China.

What is the application process for a patent in China?

  1. File an application with SIPO

  2. Pay the application fee

  3. Wait for SIPO to examine the application

  4. All of the above


Correct Option: D
Explanation:

The application process for a patent in China involves filing an application with SIPO, paying the application fee, and waiting for SIPO to examine the application.

What are the rights of a patent holder in China?

  1. The right to make, use, sell, and import the patented invention

  2. The right to exclude others from making, using, selling, and importing the patented invention

  3. The right to receive royalties from others who make, use, sell, or import the patented invention

  4. All of the above


Correct Option: D
Explanation:

A patent holder in China has the right to make, use, sell, and import the patented invention, the right to exclude others from making, using, selling, and importing the patented invention, and the right to receive royalties from others who make, use, sell, or import the patented invention.

What are the obligations of a patent holder in China?

  1. Pay annual maintenance fees

  2. Mark the patented product with the patent number

  3. File periodic reports with SIPO

  4. All of the above


Correct Option: D
Explanation:

A patent holder in China is obligated to pay annual maintenance fees, mark the patented product with the patent number, and file periodic reports with SIPO.

What are the grounds for challenging a patent in China?

  1. The invention is not new

  2. The invention is not inventive

  3. The invention is not industrially applicable

  4. All of the above


Correct Option: D
Explanation:

The grounds for challenging a patent in China include that the invention is not new, the invention is not inventive, and the invention is not industrially applicable.

What are the remedies for patent infringement in China?

  1. Injunctions

  2. Damages

  3. Criminal prosecution

  4. All of the above


Correct Option: D
Explanation:

The remedies for patent infringement in China include injunctions, damages, and criminal prosecution.

What is the grace period for filing a patent application in China?

  1. 6 months

  2. 12 months

  3. 18 months

  4. 24 months


Correct Option: A
Explanation:

The grace period for filing a patent application in China is 6 months from the date of public disclosure or the date of first commercial use of the invention.

What is the Paris Convention priority right?

  1. The right to file a patent application in multiple countries based on a single application

  2. The right to claim priority from an earlier-filed application in another country

  3. The right to obtain a patent in a foreign country without having to file an application in that country

  4. None of the above


Correct Option: B
Explanation:

The Paris Convention priority right is the right to claim priority from an earlier-filed application in another country. This means that the filing date of the earlier-filed application will be used to determine the novelty and inventive step of the invention.

What is the Patent Cooperation Treaty (PCT)?

  1. A treaty that allows applicants to file a single international patent application

  2. A treaty that harmonizes the patent laws of different countries

  3. A treaty that establishes a single international patent office

  4. None of the above


Correct Option: A
Explanation:

The Patent Cooperation Treaty (PCT) is a treaty that allows applicants to file a single international patent application. This application can then be filed in multiple countries, and the filing date of the international application will be used to determine the novelty and inventive step of the invention.

What is the Madrid Protocol?

  1. A protocol that allows applicants to file a single international trademark application

  2. A protocol that harmonizes the trademark laws of different countries

  3. A protocol that establishes a single international trademark office

  4. None of the above


Correct Option: A
Explanation:

The Madrid Protocol is a protocol that allows applicants to file a single international trademark application. This application can then be filed in multiple countries, and the filing date of the international application will be used to determine the priority of the trademark.

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