Types of Patents
Patent applications in China are divided into three types: invention, utility model and design.
(a) An invention shall mean a new technical scheme proposed for a product, a process, or the improvement thereof.
(b) A utility model shall mean an applicable and practical new technical scheme proposed for the shape or structure of a product or a combination thereof.
(c) A design shall mean a new design of the whole or partial shape or pattern of a product or a combination thereof as well as a combination of color with shape or pattern, which creates an aesthetic feeling and is fit for industrial application.
The duration of patent rights for an invention shall be 20 years, the duration of patent rights for a utility model shall be 10 years and the duration of patent rights for a design shall be 15 years, commencing from the filing date.
Criteria for Grant of Patent Rights
(a) Invention-creations shall not violate the laws and social ethics or harm the public interest. Invention-creations shall not violate the provisions of laws and administrative regulations to obtain or use genetic resources, and rely on the genetic resources to complete.
(b) Patent rights shall not be granted to the following items:
1.scientific discovery;
2.rules and methods of intellectual activities;
3.diagnosis and treatment methods of illnesses;
4.animal and plant varieties;
5.methods of nuclear transformation and substances obtained through the methods of nuclear transformation;
6.a design which has major marking effect on the patterns or colors of graphic print products or a combination of both patterns and colors.
(c) Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty shall mean that an invention or a utility model does not fall under the prior art; and no organisation or individual has submitted an application to the patent administrative department under the State Council for an identical invention or utility model prior to the filing date, and record shall be made in the announced patent application documents or promulgated patent documents after the filing date.
Creativity shall mean that, when compared to the prior art, an invention possesses substantive characteristics which are distinctive and eminent improvements, or a utility model has substantive characteristics and improvements.
Practicality shall mean that an invention or a utility model can be manufactured or used and can generate positive effects.
(d) A design for which patent rights are granted shall not fall under the existing designs; and no organisation or individual has submitted an application to the patent administrative department under the State Council for an identical design prior to the filing date, and record shall be made in the promulgated patent documents after the filing date.
A design for which patent rights are granted, when compared to the existing designs or a combination of characteristics of the existing designs, shall possess a clear distinction.
A design for which patent rights are granted shall not conflict with the legitimate rights obtained by others before the filing date.
Existing designs refer to designs well-known in the public domain all over the world before the filing date.
Duration of Validity
The duration of patent rights for an invention shall be 20 years, the duration of patent rights for a utility model shall be 10 years and the duration of patent rights for a design shall be 15 years, commencing from the filing date.