- Invention patent application
- Utility Model patent application
- Design patent application
There are three types of patent under the current Chinese Patent Law: Invention, Utility Model and Design.
Subject to the payment of annual fees,
An Invention patent application is examined as to whether it meets the requirement of the patentability (novelty, utility and inventiveness). In order to initiate the substantive examination procedure, the applicant must submit a formal request within three years of the Chinese filing date or the priority date (whichever is earlier). Utility Model and Design patent applications are issued automatically after preliminary examination.
Any Invention or Utility Model for which patent right may be granted must possess novelty, inventiveness and practical applicability.
Any Design for which patent right may be granted must not be identical or similar to any design which, before the date of filing, has been publicly disclosed in publications (in the country or abroad); has been publicly used; or is in conflict with any prior right of any other person.
After the grant of an Invention or Utility Model patent, the patentee has the right to prevent others from making, using, offering to sell, selling or importing the patented products. The patentee also has the right to prevent others from using the patented processes, or using, offering to sell, selling or importing the product directly obtained by the patented processes, for production or business purposes and without his authorization.
After the grant of a Design patent, the patentee has the right to prevent others from making, offering to sell, selling or importing the product incorporating patented design, for production or business purposes and without his authorization.