Insider’s look at legal services in China: IP Registration: Introduction to Patents (Design/ Utility/ Invention) (Part 7)

There are three types of patent in China. The first is the invention patent that protects technical solution relating to a product, a process or improvement. A successful invention patent filing will grant protection for 20 years. The application process requires a thorough disclosure of the benefits the technical solutions offered by the product.

The second patent is the utility patent. The utility patent protects ideas providing “technical solutions relating to the shape, the structure, or their combination, of a product which is fit for practical use.” A successful utility patent filing will provide 10 years of protection.

The third patent type is the design patent. The design patent protects “any new design of the shape, pattern, color, or their combination, of a product, which creates an aesthetic feeling and is fit for industrial application.” A successful design patent filing will provide 10 years of protection.


Next in the series

IP Registration: Design Patents (Application Process & Documents Required) (Part 8)

IP Registration:  Design Patents (Time Frame & Typical Fees) (Part 9)

IP Registration: Utility Patents (Application Process & Documents Required) (Part 10)

IP Registration:  Utility Patents (Time Frame & Typical Fees) (Part 11)

IP Registration: Invention Patents (Application Process & Documents Required) (Part 12)

IP Registration:  Invention Patents (Time Frame & Typical Fees) (Part 13)

Contracts & Purchase Orders (Part 14)

Dispute Resolution: Introduction & Process (Negotiations, Demand Letters & Litigation) (Part 15)

Dispute Resolution: Fee Structure (Negotiations, Demand Letters & Litigation) (Part 16)

Having a lawyer on retainer: Costs and Coverage (Part 17)


About the author: Mike Bellamy

Advisory Board Member & Featured Blogger at the not-for-profit China Sourcing Information Center ( Author of “The Essential Reference Guide to China Sourcing” and founder of PassageMaker Sourcing Solutions.


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