China utility model patent application is one kind of Tannet’s domestic intellectual property services. From 2010 to 2014, the mean annual growth rate of utility model applications filed by domestic applicants is 29%, whereas about 7% of those are filed by foreign nationals. It suggests that utility models are still attracting both domestic and foreign IP holders.
Utility model patents can actually be an important weapon in a company’s arsenal since they are quick and easy to obtain but carry the same remedies as invention patents. Many foreign businesses are not familiar with the utility model patent system or are suspicious of the real value of a utility model patent registration. Below are the major advantages of utility model patent in China.
Advantages of Utility Model Patent Application
1. The quick speed and simplicity of registration
There is no substantive examination which means that if there are no formality objections, the registration of a utility model patent can proceed to grant within 6-12 months, compared with the 2-5 years that it can take for an invention patent to issue. This quick file-to-grant cycle makes the regime ideal for products that will be entering the market quickly.
2. Perfect for products with a short commercial life or lesser inventions
The shorter term of protection is suitable for manufacturers with wide product ranges with short life-cycles. Utility model patents are particularly well suited to protecting improvements or adaptions of existing products which may not necessarily satisfy the requirements for obtaining an invention patent.
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3. Lower requirement for inventive step
Although the novelty requirement is the same, the standard of inventive step required for a utility model is lower than for an invention patent. For a utility model, the invention must possess “a substantive feature and indicates an advancement”, which is in contrast to an invention patent which requires “a prominent substantive feature and indicates remarkable advancements”.
4. Cheaper than invention patent applications
Maintenance costs are also lower.
5. Suitable for SME’s
It can be a useful tool for emerging SME’s with less sophisticated technology to build a portfolio quickly and cheaply.
6. Utility model patents can be really effective
The protection granted is the same as invention patents since it allows the right holder to prevent others from commercially using the protected invention without authorization. The basis for claiming damages for infringement is also the same.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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