Utility Model registration in China: A Quick Guide - Blog iPNOTE
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Utility Model registration in China: A Quick Guide

By: Stephen Yang, registered attorney at IP March, China.

 

Utility model is a type of intellectual property right that is gaining popularity in China. Unlike patents, utility models provide a quicker and less expensive way for inventors to protect their innovative products and technologies. In this article, we will delve into the world of utility models in China, exploring what they are, how they differ from patents, and their advantages and limitations for inventors. We will also provide some tips for those who are considering filing for a utility model in China.

Contents

 

1. What can be registered as utility model in China?

2. Why can you be refused to register utility model?

3. The process of utility model registration in China

4. Documents required for registering utility model in China

5. Opposition process in China

6. Costs of utility model registration in China

7. Particularity of a utility model registration in China

8. Final thoughts

1. What can be registered as utility model in China?

 

Utility model is one of the three types of patent rights, i.e., invention, utility model and design, offered by the Chinese patent law. Therefore, it is called utility model patent. A utility model means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. In other words, utility model patents protect products, but not methods or use. The product can be a physical product or a system. A Chinese utility model has a patent term of 10 years counted from the filing date. No renewal or extension is possible. In comparison an invention patent has a term of 20 years.

 

A utility model in China should have novelty, inventive step and practical applicability. The novelty standard for a utility model is the same as that for an invention patent, which means that the technical solution of the utility model should be new. However, a utility model patent has a lower standard for inventive step than that for an invention patent. Generally speaking, an inventive step means, the technical solution is not obvious as compared with the prior art and can produce advantageous technical effects.

2. Why can you be refused to register utility model?

 

There is no substantive examination for utility model in China and hence it is highly likely that an applicant will get a utility model patent granted. However, it is not a simple registration system. A utility model application must go through what is referred to as “preliminary examination”, which not only includes formality examination but also includes examination for any obvious substantive defects, such as definition of invention, violation of laws, non-patentable subject matter, foreign filing license, obvious lack of unity, obvious introduction of new matter, etc. If the utility model application does not pass the preliminary examination, it will be rejected.

 

As mentioned above, there is the limitation on subject matter that can be protected by a utility model patent. A method or use is not allowable subject matter to be protected by a utility model, such as manufacturing processes of a gear, method of communication, method of treating metal, data processing method. Therefore, it is not allowed to claim a method or use in a utility model. In many cases, it is not allowed to have method or use features in a claim even if the subject of a claim is a product.

 

Moreover, no patent right can be granted for any invention that is contrary to the laws or social morality or that is detrimental to public interest, such as gambling equipment, drug-taking tools, devices for forging banknotes.

3. The process of utility model registration in China

 

After a utility model patent application is filed with China National Intellectual Property Administration (CNIPA), it goes through preliminary examination, as mentioned above. During preliminary examination, there may be one or more office actions issued by the examiner. When the examiner finds the application complies with the relevant provisions, a Notice of Grant is issued. The average pendency for utility model applications is about six months. After the applicant pays the necessary fees, CNIPA will announce the grant of the patent right and publish the utility model patent. The utility model patent can be enforced as of this date.

 

It is to be noted that a utility model patent application can be a Chinese patent application or a Chinese national phase application of a PCT application. Upon national phase entry in China, an applicant can choose to enter national phase in China as an invention patent application or a utility model patent application, but not both.

 

It is also to be noted that a utility model patent application can claim priority from a previously first filed utility model patent application or an invention patent application. It can also serve as the priority application for later filed utility model patent applications or invention patent applications.

4. Documents required for registering utility model patent in China

 

For filing a utility model patent application in China, the following information/documents are needed:

  • Name(s), address(es), and nationality(ies) of applicant(s);
  • Inventor(s)’ name(s) and the nationality of the first inventor (and the ID number, if the first inventor is a Chinese Citizen);
  • Priority information and a copy of the certified priority document;
  • A copy of the assignment of priority right, if the applicant of Chinese utility model application is different from that of the priority application; and
  • A scanned copy of executed Power of Attorney
  • Description, claims, abstract, and drawings.

 

The description, claims abstract and text in the drawings must be translated into Chinese language, at the time of filing. If the utility model application is filed as a national phase of a PCT application, under the current practice, it is not possible to enter national phase in China first and file the Chinese translation later.

 

In addition, unlike the filing requirement for an invention patent application, a utility model patent application must have at least one drawing. Otherwise, the applicant cannot even get a filing receipt. The drawing(s) must show the shape, structure or their combination of the product.

5. Opposition process in China

 

There is no opposition process in China before a patent is granted. However, on or after the day a patent is granted, anyone could file a request for invalidating the patent. There is no deadline for filing a request for invalidation. The request should be filed with the patent re-examination and invalidation department of CNIPA.

 

During the invalidation proceeding, all the patentability standards and other substantive requirements for granting a patent right are examined. The party requesting the invalidation should submit grounds for invalidation, evidence for each ground and observations. The patentee has a chance to make a response, usually within one month. The CNIPA forms a panel of three to five examiners and usually holds an oral proceeding. After oral proceeding is concluded, the CNIPA makes an invalidation decision. There are three types of invalidation decisions: patent right completely invalid, patent right partially invalid and patent right maintained valid. If any party is not satisfied with the CNIPA’s invalidation decision, it may appeal to court. There are usually two levels of courts above CNIPA.

6. Costs of utility model registration in China

 

Official fees in relation to utility model patents in China:

 

Application: 
Application feeCNY500
Extension fee for late national phase entry of PCT applicationCNY1,000
Claiming priority, each priorityCNY80
Additional charge for specification (including drawings)

  • each page from the 31st
  • each page from the 301st
 

CNY50

CNY100

Additional charge for claims, each claim from the 11thCNY150
Annuities: 
  • 1st to 3rd year, each year
CNY600
  • 4th to 5th year, each year
CNY900
  • 6th to 8th year, each year
CNY1,200
  • 9th to 10th year, each year
CNY2,000
Others:
Request for re-examinationCNY300
Request for patent right evaluation reportCNY2,400
Request for invalidation of utility modelCNY1,500
Change of bibliographic dataCNY200

 

The utility model registration cost in China via the iPNOTE platform starts from as low as $600, which includes all government fees as well as document preparation. Find the best Chinese utility model attorney on iPNOTE.

7. Particularity of utility model registration in China

 

An applicant may file, on the same day, a utility model application and an invention application relating to an identical invention. The applicant can get a utility model patent relatively fast. When the invention application is ready to be granted, if it has the same scope of protection, the applicant is allowed to abandon the granted utility model and choose to have an invention patent granted. If the invention and the utility model have different scope of protection, the applicant can keep both patent rights.

 

By adopting this strategy, the applicant could obtain a patent right relatively early and get an “extra” period of patent protection, before obtaining an invention patent right. As the cost of prosecuting and maintaining a utility model is far less than that of an invention, filing two applications will not significantly increase the cost.

 

It is to be noted that this strategy works only if the subject matter is suitable for protection by a utility model patent. If an applicant tries to protect a method only or a new material, it cannot get protection by a utility model patent.

8. Final thoughts

 

Protecting minor improvements. As a utility model patent has lower requirements for inventive step, it is suitable for protecting less inventive inventions or minor improvements. For exactly the same reason, a utility model patent may not be easily invalidated.

 

Protecting products with shorter lifecycle. As a utility model can be obtained relatively fast, it is ideal for protecting products with short lifecycle. The 10-year term of a utility model patent may be long enough for such products.

 

Need for quick protection. If infringing activities are going to happen or have happened in China, an applicant can obtain a patent right by getting a utility model relatively quickly and assert the utility model patent right to stop the infringing activities at an early stage. If the applicant files an invention patent application, it may take about 20 months before the applicant can have it granted and enforce the patent right.

 

It is to be noted that there is an additional obligation when a utility model patent is enforced. A patent right evaluation report produced by CNIPA may be required by relevant authorities or e-commerce platforms in litigation or taking-down actions, as preliminary evidence about patent validity.

 

***

 

Have questions about utility model registration in China? Contact IP March via IPNOTE.

 

Sign up for free, and we’ll help you solve any IP problem.

 

Other posts

AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?