When protecting intellectual property in China, understanding the different types of patents is crucial. The three primary types are: invention patents, utility model patents, and design patents. The optimal choice depends on various factors, including the nature of the invention, desired protection duration, and budgetary constraints.

1. Nature of the Invention
The first step in determining the appropriate patent type is to analyze the characteristics of the invention.

l Invention Patent: If the invention involves a new technical solution related to a product, process, or their improvement, it is suitable to apply for an invention patent. Specifically, inventions related to methods, product uses, products without fixed shapes, simple material substitutions, or immovable buildings should apply for an invention patent.

l Utility Model Patent: If the invention concerns the shape, structure, or combination of a product and involves a practical new technical solution, it may qualify for a utility model patent. In some cases, inventions related to product shape, structure, or combination can apply for both invention and/or utility model patents.

l Design Patent: If the invention is related to the aesthetic design of a product, including its shape, pattern, or their combination with color, suitable for industrial application, a design patent should be considered. Additionally, products that only involve a two-dimensional pattern design should apply for a design patent on the pattern alone.

2. Protection Duration

l An invention patent provides protection for 20 years from the filing date.

l Both utility model patents and design patents offer protection for 10 years from the filing date.

If a product is expected to have a long market lifespan, slow innovation cycles, or needs long-term protection due to its sustained market competitiveness and value, an invention patent would be the ideal choice. Otherwise, a utility model or design patent may be more appropriate.

3. Cost Considerations

l The application and annual maintenance fees for invention patents tend to be higher compared to utility models and design patents.

l Utility model and design patents have lower application and maintenance costs.

For institutions with a limited budget, applying for a utility model or design patent may be a more cost-effective solution.

4. Examination Process and Grant Speed

l Invention patents involve a more rigorous and complex examination process, and the grant period is relatively longer.

l Utility model and design patents have a simpler examination procedure, and the grant period is typically shorter.

If quick patent protection is necessary, a utility model or design patent may be preferable due to the faster examination and approval process.

5. Corporate Strategy and Market Goals
Patent selection should align with the institution’s strategic goals and market objectives. For mature technologies with significant commercial value, filing for an invention patent may be more advantageous. For inventions with lower technological maturity and smaller commercial value, a utility model or design patent may be a more economical option.

6. Novelty Requirements

Invention patents have a higher novelty requirement compared to utility model patents, which have a relatively lower threshold for novelty. If the invention involves a completely new product, method, or process, it should be filed as an invention patent. For incremental improvements to existing products, a utility model patent may be a more suitable choice.

Conclusion

The optimal patent type depends on a careful assessment of these factors. By understanding the differences between invention, utility model, and design patents, innovators can make informed decisions to protect their intellectual property effectively.