Is it necessary to apply for a patent in China in kind?

Legal Analysis: Patent application needs physical objects, and patent application needs to be submitted to China National Intellectual Property Administration. As long as there is nothing wrong with the submitted materials and the patent itself, the application can be successful. Patent applications shall be handled in written form or in other forms prescribed by the Patent Office (such as electronic applications).

Legal basis: Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).

Article 2 All procedures stipulated in the Patent Law and these Detailed Rules shall be handled in written form or other forms stipulated by the patent administration department of the State Council.

Article 3 All documents submitted in accordance with the Patent Law and these Rules shall be in Chinese. Where the state has unified scientific and technical terms, it shall adopt standardized terms; If there is no uniform Chinese translation of foreigners' names, place names and technical terms, the original text shall be indicated.

In accordance with the Patent Law and these Rules, all kinds of certification documents and certification documents are in foreign languages. When the patent administration department of the State Council deems it necessary, it may require the parties concerned to attach a Chinese translation within a specified time limit; If it is not attached at the expiration date, it shall be deemed that the certificate and supporting documents have not been submitted.

Article 4 All documents mailed to the patent administration department in the State Council shall be submitted on the postmark date; If the postmark date is unclear, the date of receipt by the the State Council Patent Administration Department shall be the filing date, unless the parties can provide proof.

Various documents of the patent administration department in the State Council can be delivered to the parties by mail, direct delivery or other means. If the parties entrust a patent agency, the documents shall be sent to the patent agency; If a patent agency is not entrusted, the document shall be sent to the contact person specified in the request.

All kinds of documents mailed by the patent administration department in the State Council are presumed to be the date of receipt of the documents by the parties concerned from the date of issuance 15 days later.

Documents that should be served directly in accordance with the provisions of the patent administration department of the State Council shall be served on the date of service.

If the service address of the document is unclear and it cannot be mailed, it can be served on the parties by announcement. From the date of announcement 1 month later, the document shall be deemed to have been delivered.