China Utility Model Patent

China Utility Model Patent



Patent law in China provides protection to inventions, utility models, and industrial designs. Specifically, a utility model covers a new technical solution for a product’s shape, structure, or combination of shape and structure that is functionally useful, according to the Patent Law of China.


A China utility model patent owner is entitled to manufacture, sell, and import the product that is under the protection of the utility model patent right. Use of the registered utility model is prohibited without permission from the patent owner. According to the Patent Law of China, the duration of the utility model patent right is 10 years.


If the product life circle of your product is short, it may be advantageous to apply for the China utility model patent right. Compared to a China invention patent application, it takes less time to apply for a China utility model patent application because it only takes 14 months to go through the examination process, whereas it takes 3 years to process a China invention patent application. Also, it is less expensive to apply for the utility model patent right because the government fees for the utility model patent application is merely half of the invention patent application cost.


Additionally, the Patent Law of China only allows a single invention to be granted one patent right from the three types of China patent rights (invention patents, utility model patents, and industrial design patents).



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