Types of Patents in China

Date:2024-11-29 Edit:超级管理员 Browse:146

China's patent law recognizes three primary types of patents: invention patents, utility model patents, and design patents.

1. Invention Patents

· Definition: Invention patents protect novel technical solutions that solve a specific technical problem. These solutions can be related to products, processes, or improvements thereof. Unlike utility models, invention patents do not require immediate practical application but must have the potential for industrial utility.

· Term of Protection: 20 years from the filing date.

· Examination Period: Typically 1-4 years, with an average of 2 years.

2. Utility Model Patents

· Definition: Utility model patents safeguard novel technical solutions embodied in the shape, structure, or combination of a product. They are suitable for practical use and are often considered "minor inventions" or incremental improvements.

· Term of Protection: 10 years from the filing date.

· Examination Period: Generally 8-12 months, with an average of 10 months.

3. Design Patents

· Definition: Design patents protect the aesthetic features of a product, including its shape, pattern, or combination of both. These designs must be novel, original, and suitable for industrial application.

· Term of Protection: 10 years from the filing date.

· Examination Period: Typically 6-10 months, with an average of 8 months.

The choice of patent type depends on the nature of the invention or design. Invention patents offer the broadest protection but require a rigorous examination process. Utility model patents provide a quicker and more cost-effective option for simpler innovations. Design patents are ideal for protecting the aesthetic aspects of a product.