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China Patent Application

According to Chinese patent regulations, inventions and utility models granted patent protection are required to be novel, inventive, and practically applicable. For design patent applications, the design must not duplicate or closely resemble any design publicly disclosed in publications or used domestically or internationally prior to the application date.
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Three Types of China Patent Application

Invention Patent

This refers to new technical solutions proposed for products, methods, or improvements thereof. Although the application process takes a long time, the protection is strong and the protection period is long.

  • Longest review period
  • Strongest protection
  • Longest protection period

Utility Model Patent

This refers to a new, practical technical solution proposed for the shape, structure, or combination thereof of a product. Although the application process is faster, the protection is weaker.

  • Faster application process
  • Offers less protection than invention patents

Design Patent

This refers to a new design that is aesthetically appealing and applicable to industrial use, covering the shape, pattern, or a combination thereof, as well as the combination of color with shape or pattern. This patent protects only the appearance of the design, not its technical features.

  • Only protect the exterior design
  • Technical features are not protected

Patent Application Process

01 整體流程
  • The process begins when the applicant submits the application materials.
  • The application will be submitted to the China National Intellectual Property Administration (CNIPA) and accepted by the administration.
  • The applicant pays the patent application fee.

All applications are subject to preliminary review.

Passed

  • For utility model and design patents, the process will directly proceed to the patent grant stage.
  • For invention patents, the applicant must subsequently submit a request for substantive examination.

Unqualified

  • The applicant should make corrections.
  • If the corrections are not satisfactory, the application will be rejected.
  • If no action is taken, the application may be deemed withdrawn.

After passing the preliminary examination and submitting a request for substantive examination, the invention patent will enter the substantive examination stage.

Passed

  • The process has entered the patent grant stage.

Unqualified

  • The applicant should make corrections.
  • If the corrections are not satisfactory, the application will be rejected.
  • To complete the authorization process, the applicant must complete the registration procedures and pay the fees.
  • The application obtained the patent certificate.
  • Invention patents must undergo both preliminary examination and substantive examination.
  • Utility model and design patents only require preliminary examination.

Success

Patent Authorization

Withdrawn

Applicant Inaction

Rejected

Due to unsatisfactory corrections

Patent Application Process

01

Process Overview

  • The process begins when the applicant submits the application materials.
  • The application will be submitted to the China National Intellectual Property Administration (CNIPA) and accepted by the administration.
  • The applicant pays the patent application fee.

02

Preliminary Review Stage

All applications are subject to preliminary review.

Passed

  • For utility model and design patents, the process will directly proceed to the patent grant stage.
  • For invention patents, the applicant must subsequently submit a request for substantive examination.

Unqualified

  • The applicant should make corrections.
  • If the corrections are not satisfactory, the application will be rejected.
  • If no action is taken, the application may be deemed withdrawn.

03

Substantive Review Stage

Applicable only to invention patents

After passing the preliminary examination and submitting a request for substantive examination, the invention patent will enter the substantive examination stage.

Passed

  • The process has entered the patent grant stage.

Unqualified

  • The applicant should make corrections.
  • If the corrections are not satisfactory, the application will be rejected.

04

Final Stage

  • To complete the authorization process, the applicant must complete the registration procedures and pay the fees.
  • The application obtained the patent certificate.

05

Key Differences

  • Invention patents must undergo both preliminary examination and substantive examination.
  • Utility model and design patents only require preliminary examination.

06

Possible Results

Success

Patent Authorization

Withdrawn

Applicant Inaction

Rejected

Due to unsatisfactory corrections

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