Patent
Chinese Utility Model Patent Application

A utility model patent is the grant of a property right to the applicant, issued by the State Intellectual Property of P. R. China (SIPO) (For other types of patent, please refer to Chinese Patent FAQ here). The term of a utility model patent is 10 years from the date on which the application for the patent was filed in China subject to the payment of annuity fees. Chinese granted patents are effective only within mainland China (NOT effective in Hong Kong, Macau or Taiwan). Patent term extensions are NOT available in China under any circumstances.

Features
● Granted in 4-8 months
● Preliminary Examination Only
● Term of Protection: 10 years (No extension available)
● Protect Product with Structure (Process, substance, liquid, gas are not patentable subject matter of utility model patent)
● Start Enforcing the Utility Model Patent against infringer as early as 4 months after granted

Patent Law
Patent Law of P. R. China can be referred from here

Patent Examination Authority
State Intellectual Property Office (SIPO)
For the function of the SIPO, please refer to Chinese Patent FAQ


Definition of Utility Model Patent
According to Patent Law of P.R. China, Inventions mean new technical solutions proposed for a product, a process or the improvement thereof.

Patentable Subject Matter of Invention Patent
Product with structure For the list of non-patentable subject matters, please refer to Chinese Patent FAQ here

Term of Protection
10 years from filing date

Prosecution Duration
4-8 months

Conditions of Granting an invention patent
a. Novelty
b. Inventiveness
c. Usefulness (For detailed definition of novelty, inventiveness and usefulness, please refer to Chinese Patent FAQ here)

Priority
1 year from the first filing date

Power of Attorney
Required
Blank POA can be downloaded here


Filing Requirement
● Description, abstract, claims and drawings in Chinese (No late filing is permitted; Application must be filed in Chinese)
You may provide us English version of the specification and our translation may take 2-4 weeks to finish
● Power of Attorney (Scanned copy of executed POA is sufficient; Can be filed later within three months after filing date)
Blank POA can be downloaded here

● Certified copy of Priority Document (Can be filed later within three months after filing)
Currently, applicant claiming benefit of first filing in Korean Patent Office, European Patent Office and US Patent and Trademark Office (if the applicant previously file such petition of exchange of e-document before USPTO) is not required to provide certified copy of priority document.

Examination Procedure


Fee
Applicant is not required to pay the maintenance fee before grant of the patent. More information of the official fee, please refer to the SIPO's link here(Chinese only)
Stages Fee Due
Filing Stage Filing Fee, Publication Printing Fee
Granting Stage Granting Fee & Annuity of the Year of Grant


For further information, please refer to the content below:
● Overview
● Chinese Invention Patent Application
● Chinese Utility Model Patent Application
● PCT Chinese National Stage Application
● Parallel Filing of Invention Patent Application & Utility Model Application
● Chinese Design Patent Application
● FAQ of Chinese Patent Application
● Patent Law of P. R. China
● Rules for the Implementation of the Patent Law of P. R. China
Our Practice Groups
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