[Fedora-legal-list] How to determine Chinese patent expire date?

Tom "spot" Callaway tcallawa at redhat.com
Wed Nov 3 13:37:27 UTC 2010


On 11/02/2010 07:36 PM, Ding Yi Chen wrote:
> Hi,
> 
> I am currently doing ibus-table-chinese table License review.
> I am quite confuse when checking up PRC's Intellectual Property website.
> For example,
> Patent: 字根编码输入法及其设备
>  (also known as Zhengma 鄭碼)
> Applicant Id:891088512
> http://211.157.104.87:8080/sipo/zljs/hyjs-yx-new.jsp?recid=CN89108851.2&leixin=fmzl&title=%D7%D6%B8%F9%B1%E0%C2%EB%CA%E4%C8%EB%B7%A8%BC%B0%C6%E4%C9%E8%B1%B8&ipc=G06F3/023#
> 
> 
> How do I tell whether the patent is granted, and, if yes,
> when will it expire?

Keeping in mind that IANAL, here's what I've managed to dig up:

There are two types of Chinese patents: A "patent for invention" has a
term of 20 years from the filing date in China; the term for a "patent
for utility model" is 10 years from the filing date. An Extension of
patent term may be available for invention patents. For applications
filed on or before December 31, 1992, and effective through December 11,
2001, the patent term may be extended 20 years from the filing date upon
payment of the necessary annuity.

However, when I looked up this specific item in C-PAT
(http://english.cnipr.com/enpatv/search/tableSearch.do?method=showTable)
I found that on 2010.05.26, the Chinese Patent Application# 89108851 was
marked as "cessation of patent right".

So, I think this patent is no longer valid in China.

~spot

NOTE: This is not legal advice.




More information about the legal mailing list