The Utility Model System in China

Linda Liu & Partners
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Utility model is a cost-effective way to protect your intellectual property in China. It has advantages of being fast, cost-saving and high granting rate. But it should be note that the protection period for utility models lasts 10 years, which is different from 20 years of protection period for inventions;utility models basically protect technical solutions of the shapes or structures of devices.

Fast & High Granting Rate:

According to Chinese practice, in general, utility models will See more +

Utility model is a cost-effective way to protect your intellectual property in China. It has advantages of being fast, cost-saving and high granting rate. But it should be note that the protection period for utility models lasts 10 years, which is different from 20 years of protection period for inventions;utility models basically protect technical solutions of the shapes or structures of devices.

Fast & High Granting Rate:

According to Chinese practice, in general, utility models will be only examined in formality, and there is no specific examination of the inventiveness for utility model applications. Therefore, it only takes 7 months approximately for utility models to be granted, and the granting rate is about 85%, which is much higher than that of invention application.

Though the examination for novelty of utility model applications is getting more stringent, it still has significant advantages in granting rate and pendency compared with invention applications.

Cheap:

Compared with inventions, the application official fee and annual fee are lower, and service fee charged by most of law firms is also cheaper.

Critical Issues:

1. It is favorable to overcome all of formal defects for the utility model applications before filing.

2. An additional official fee will be charged if the number of claims for utility models exceeds ten. In detail, it will be charged RMB 150 yuan for each claim.

3. The patentable subject matters for utility model exclude methods. If the drafted claims contain method claims, we generally suggest clients to remove them or to file the application as an invention. See less -

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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