China offers three patent types: invention, utility model and design. Foreign applicants often default to an invention patent, but for many products a utility model, or both, is the better strategy.
The main differences
- Invention patent: covers products and methods, goes through substantive examination, and lasts up to 20 years. Examination usually takes a couple of years.
- Utility model: covers the shape or structure of a product, not methods, and lasts up to 10 years. There is no substantive examination, so grant is usually much faster.
- Design patent: protects the appearance of a product for up to 15 years.
Which should you choose?
If your product is defined by its structure and you want enforceable rights quickly, a utility model can be a strong tool. If the value lies in a process, composition or software logic, an invention patent is the right route. Because utility models are not substantively examined, they can be easier to invalidate if strong prior art exists, and courts commonly ask for an evaluation report in disputes.
Filing both
China allows an applicant to file an invention patent and a utility model for the same technology on the same day. The utility model gives early protection, and the rules on when it must be given up once the invention is granted should be planned for in advance.