It is known that there are three types of patents in China, namely, invention patent, utility model patent and design patent. For protection of intellectual property related to a product, there are different varieties and combinations available in China. In this article, Tannet shares the comparison between invention patents and utility model patents in China.
I. Difference in the scope of the protected object
According to the patent law, the “Invention” means any new technical solution relating to a product, a process or an improvement thereof, while the “Utility model” shall refer to any new technical solution relating to a product’s shape, structure, or a combination thereof, which is fit for practical use.
Despite both being the technical solution, the utility model only involves the aspect of shape, structure and other tangible solution, while the inner process or intangible solution, like molecular structure or pharmacy, is included in the invention. Therefore, the utility model shall be included in the invention, thus any invention could also be applied as the utility model.
II. Difference in creativeness
As mentioned above, since the invention already contains the utility model, then why shall the law regulate the utility model separately? The answer could only be the encouragement on innovation, for many technology is of low creativeness, thus to protect them by invention may influence the broadcast of the technology, while no protection may jeopardize the interest of the inventor. So for this reason, these technology are listed as the utility model.
By the patent law, the creativeness shall refer to the outstanding feature or material improvement of the invention and the feature or improvement of the utility model compared with the existing technology of the newly developed invention or utility model. Therefore, it could be concluded that the creativeness demands higher for invention than the utility model for the mentioned “outstanding” and “material”, while the essence of which shall be analyzed in specific cases.
(1).jpg "Intellectual Property Services")
III. Difference in the right granting
The administrative approval on the invention may last for 2-3 years, which includes the preliminary examination and the substantive examination; while the procedure of utility will only cost 6-8 months, with only formal examination rather than the substantive examination, which means the right will be granted when formally qualified after the examination and the technology will be opened when the granting. For this reason, the success rate of the utility model application is comparatively higher, for which could be granted when the documents are fully prepared and with no defects.
IV. Difference in protection strenghth
The major variation in the protection strenghth lies in the protection term, which is 20 years for the invention and 10 years for the utility model.
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.
Previous：Guide to Trademark Registration in China
Next：China Trademark Registration Process and Timeline