China utility model patent application requirements and process are the basics that applicants need to be familiar with before application. Utility model is one of the three types of patents in China. China’s patent system provides three types of patent rights: invention, utility model and design. Utility models are used extensively by Chinese applicants. It is a quick and cost-efficient way to protect products with a short life cycle.
Requirements on utility models application
The requirements for filing are generally the same as those for filing a regular Chinese invention patent application, but the claims may include only one independent claim.
Where an applicant wishes to file both an invention patent application and a utility model patent application for the same invention, these must be filed on the same day with each accompanied by a notification identifying the filing of the other application. Once the invention patent is granted, the utility model patent must be abandoned otherwise the applicant risks revocation of the invention patent as the applicant is allowed to have only one patent in force for the (same) invention in China.
The utility model patent has a maximum term of 10 years. Where coincident utility model and invention patent applications are filed, the utility model patent may serve to protect the applicant’s commercial interests pending grant of the longer 20 year invention patent.
Process for utility models application
(1) Filing an Application
Patent applications are filed with the Examination Department of the State Intellectual Property Office (hereinafter referred to as SIPO). The applications must be filed in written form or electronic form in Chinese characters. The actual patent application will generally contain a description, figures/drawings, claims and an abstract. 'Claims' are the part of the patent application where the inventor specifically states what their invention is and what it does. Claims define the legal scope of a patent and define what can be protected by patent law. You could say that claims define the invention or utility model.
(2) Examination of Application
After the application is filed then examiners from SIPO conduct a preliminary examination of the patent application. Preliminary examination is a relatively simple procedure where the examiner checks whether the necessary application documents and other forms have been filed, whether there are obvious substantive defects in the application forms, and patents, design patents and utility models whether the relevant fees have been paid.
(3) Grant of Utility Models
If there are no substantive defects or other issues with the preliminary examination then a utility model will be granted patent rights. A utility model will be published in the Utility Model Patent Gazette.
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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 2355735242@qq.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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