Utility Patent / Invention Patent
- China Patent (Invention Patent)
- China Utility Model Patent
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Patent law in China provides protection to inventions, utility models, and industrial designs. Specifically, an invention covers a new technical solution for a product, method, or an improvement of an existing product or method, according to the Patent Law of China.
China is considered a first to file patent system. When multiple applicants file patent applications for the same invention, the patent right is granted to the applicant who first filed the application. Also, China patent law prohibits multiple patent rights granted to the same invention.
Note that the Patent Law of China prohibits granting patent rights to the following inventions:
- Scientific discoveries;
- Processes and methods of mental activities, such as algorithms;
- Methods for the diagnosis or treatment of diseases;
- Animal and plant varieties;
- Substances obtained by means of nuclear or atomic transformation; and
- Designs that are mainly used for marking the pattern, the color, or the combination of patterns or colors.
Note that within the three types of patent rights (invention patents, utility model patents, and industrial design patents), a single invention can only be granted with one patent right, under the Patent Law of China.
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