China Utility Model Patent Application Service
Hotline: 86-755-82143348, Email:amyhuang@citilinkia.com
China utility model patent application is one of Tannet’s intellectual property services. Chinese utility model patents protect any technical solution relating to a product’s shape, structure or a combination of these which is fit for practical use. Accordingly, they are not suitable for protecting improvements to an existing method or a product’s use, material component or similar.
Advantages of Applying for A Utility Model Patent in China
There are a number of reasons for and against filing a utility model application.
1. Overall, the application process for a utility model patent is much less costly than an invention patent.
2. A Chinese utility model can be filed as a PCT national phase application.
3. Ideal for products with a short life cycle and little notable technical effect but a valuable commercial effect.
4. If, for example, you have had trouble with inventiveness issues in other jurisdictions, you may wish to consider filing a utility model patent application to take advantage of the lower threshold for patentability.
Essentials about Utility Model Patent Application in China
1. Utility model patents have a term of 10 years, as opposed to a 20 year term for an invention patent.
2. There is no substantive examination of utility model patent. Instead, the Patent Office undertakes a ‘preliminary examination’ which includes a formalities check and a check of obvious deficiencies.
3. Utility model patents have a lower threshold of patentability, specifically a lower inventiveness threshold requiring a claim to include “substantive features showing progress”.
4. Only product and apparatus claims are allowed, not method claims.
Publication Time
A utility model patent is granted after a preliminary examination. Generally speaking, a patent certificate may be obtained within between 6 and 12 months from the filing date. This makes utility model patents suitable for protecting products that are due to enter the market quickly.
However, if a project is in the R&D stage and progress is being kept secret from competitors, then an invention patent may be more useful, as applicants can take advantage of the 18-month gap between filing an application and publication.
There are rarely any opportunities to amend applications for utility model patents once these have been filed. Consequently, there are high requirements with regard to drafting applications for utility model patents.
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 2355725093@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China