Invention, Utility Model, or Design: Which Patent Type Is Right for You in China?

Invention, Utility Model, or Design: Which Patent Type Is Right for You in China?

When considering patent protection in China, it is essential to understand the different types of patents available: invention patents, utility models, and design patents. Each type serves a specific purpose and has distinct requirements and benefits. This guide will help you determine which patent type is best suited for your innovation.

1. Invention Patents

Invention patents are granted for new technical solutions related to products or methods. They are typically the most comprehensive form of patent protection.

• Duration: 20 years from the filing date.

• Requirements: Must be novel, inventive, and applicable.

• Examination: Subject to substantive examination, which can take several years.

• Protection Scope: Broad protection covering the technical solution.

2. Utility Model Patents

Utility model patents are often referred to as "petty patents" and are suitable for new and practical solutions related to products.

• Duration: 10 years from the filing date.

• Requirements: Must be novel and practical, but the inventive step is less stringent than for invention patents.

• Examination: Does not require substantive examination, leading to faster grant times.

• Protection Scope: More limited than invention patents, focusing on the utility of the product.

3. Design Patents

Design patents protect the aesthetic aspects of a product rather than its functional features.

• Duration: 15 years from the filing date.

• Requirements: Must be new and original in appearance.

• Examination: Generally, does not undergo substantive examination.

• Protection Scope: Covers the visual design, including shape, pattern, and color.

4. Choosing the Right Patent Type

When deciding which patent type to pursue, consider the following factors:

• Nature of the Innovation: Assess whether your innovation is a technical solution, practical utility, or aesthetic design.

• Commercial Goals: Determine how you intend to exploit your patent and the market potential.

• Timeframe: Consider how quickly you need patent protection and the potential duration of protection required.

• Cost: Evaluate the costs associated with filing and maintaining each type of patent.

Conclusion

In summary, understanding the differences between invention, utility model, and design patents is crucial for effective intellectual property strategy in China. Carefully evaluate your innovation's characteristics and your business objectives to select the most appropriate patent type.