Utility Model (CN)

Dual Filing

Contents
1. What is a utility model patent?
2. What are the conditions for granting a patent in China?
3. What is the procedure for applying for a utility model patent in China?
4. What is the fee for filing a utility model patent in China?
5. Conclusion

1. What is a utility model patent?
Utility model patents are protected for new products with a certain shape or structure, non-protected methods, and substances without a fixed shape.

The technical solutions of utility models pay more attention to practicality, and their technical level is lower than that of inventions, and most national utility model patents protect relatively simple and improved technological inventions.

The term of protection of a utility model patent is 10 years from the filing date.

2. What are the conditions for granting a patent in China?

　A utility model patent shall be novel, inventive and practical, and the following describes the requirements and properties of a utility model patent:
(1) Novelty:
Novelty means that the creation is not a prior art known to the public, and the same invention is not based on the filing date of the creation, and the application was made before but later (i.e., there is no conflict with the application).

* Principle of judging novelty
The novelty of the creation for which the patent is applied shall not be lost under any of the following circumstances within six months prior to the filing date:
A. In the event of a state of emergency or extraordinary circumstances in the country, the first disclosure is made for the purpose of public interest;
B. Exhibitors for the first time at international exhibitions sponsored or recognized by the Chinese government;
C. Present for the first time at a prescribed academic conference or technical conference;
D. Disclosure of the contents of the applicant without the consent of the applicant.

(2) Creativity (progressive):
Inventiveness refers to the fact that the creation has outstanding substantive characteristics and significant progress compared with the existing technology known to the public.

(3) Practicability (industrial utilization):
Practicality means that the creation can be made or used, and can produce positive effects.

3. What is the procedure for applying for a utility model patent in China?

4. What is the fee for applying for a licensed patent in China?
Please refer to the Fee Schedule.

5. Conclusion
　Utility model patent applications in China require careful planning, in-depth research and decision-making strategies. By understanding the application process and utilizing professional guidance when necessary, companies can effectively protect their brand image and gain more business opportunities in the market.

Each of our lawyers, agents and experts in our law firm's team has extensive experience in filing, litigation of infringement and protection of utility patents. We, Yuanshuo Patent Attorney Firm, are able to provide you with the best protection for your patents and intellectual property rights.

If you would like to know more about intellectual property protection, please contact us.