Chinese patents include invention, utility model and design, wherein:
An invention refers to a new technical solution for a product, a process or improvement thereof. Substantive examination is necessary for an invention. And the duration of the invention right is 20 years.
The utility model refers to a new technical solution for the structure (mechanical structure, or circuit structure), shape (which shall be observed from the outside, and certain space-shape, made by man) or their combination. The duration of the utility model right is 10 years, and period for examination, generally, is about 10 to 12 months. Substantive examination is not involved for the utility model, and, commonly, in infringement dispute, the courts would ask the patentee to furnish an evaluation report made by the CNIPA (Chinese National Intellectual Property Administration).
Design refers to a new design which of the shape, the pattern, or their combination, or the combination of the color with shape or pattern. The duration of the design right is 10 years. The period for examination, generally, is about 6 to 10 months. Similar as the utility model, substantive examination is not involved and, in infringement dispute, the patent evaluation report should be provided.
Additionally, in China, it is allowed to file both invention and utility model patent relating to an identical technical solution (Except national phase entrance of PCT). However, if both invention and utility can be granted, one of them shall be abandoned or shall be modified to make their protection scope different.
When applying for patents, Haijun team starts from the actual needs of customers, especially high-quality patents with protection technology as the starting point. It needs to meet many factors such as stable rights, protection scope, and cheap evidence collection. According to customers’ needs, we conduct patent mining analysis, provide layout plans, determine patent technology points, and then complete a series of patent agency services such as drafting, submission, and patent process monitoring.
