Detailed Process of China Utility Model Patent Application

China’s patent system includes invention patents, utility model patents, and design patents. The application process for invention patents differs from that of utility model and design patents, as the latter only require a preliminary examination, while invention patents must undergo a substantive examination.

Application Materials

1. Power of Attorney: To authorize our firm to handle subsequent procedures.
2. Chinese Patent Application Documents: Based on the documents provided by you, we prepare the Chinese patent application documents. We can prepare the documents based on a priority patent provided by you or directly draft the Chinese patent application documents based on the technical solutions provided by you. For utility model patents, the application should include:
   • Request Form as stipulated in Article 26 of the Patent Law
   • Claims
   • Description and its abstract
   • Drawings accompanying the description

Application Timeline

The utility model patent application process includes the application stage, examination stage, and authorization stage. Unlike invention patents, utility model patents do not undergo substantive examination, resulting in a shorter application time of approximately 8-14 months.

China implements a preliminary examination system for utility model patents, focusing on apparent substantive defects and formal examination. Article 44 of the Implementing Regulations of the Patent Law stipulates the provisions related to the preliminary examination of utility models. Additionally, Article 1 of the Patent Law states that the legislative purpose is to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, enhance innovation capabilities, and advance scientific and technological progress and economic and social development.

Therefore, a high-quality utility model application should meet all formal and apparent substantive requirements at the application stage, enabling quick authorization. Once authorized, the claims should maintain relative stability and validity, providing effective protection for the utility model.

Application Process

1. Submitting the Patent Application to the Patent Office
   • Submission Methods: Patent applications can be submitted electronically or in paper form.
2. Acceptance and Payment of Application Fee
   • Upon receiving the application documents, the Patent Office issues a Notice of Acceptance and a Notice of Payment for the Application Fee. We will pay the application fee as required by the notice.
   • Payment Methods: We will pay the patent fees directly to the Patent Office or through its local agencies.
3. Examination Stage
   • China conducts a preliminary examination of utility model patent applications, mainly addressing issues of novelty, inventiveness, and utility. If an Examination Opinion Notice is issued during the examination process, a response must be provided within the specified timeframe. If the examination is satisfactory, the utility model patent can be announced, and the patent certificate issued.
4. Authorization Stage
   • Authorization: Upon passing the examination, the examiner issues a Notice of Granting Patent Rights. The applicant must complete the following registration procedures upon receiving this notice:
     • Pay the patent registration fee, annual fee for the grant, publication printing fee, and patent certificate stamp tax within the specified period.
   • Issuance of Certificate: After completing the registration procedures, the applicant receives the patent certificate, usually within 2-3 months.

Utility model patent applications are only subject to acceptance, preliminary examination, and authorization, without publication and substantive examination during the authorization process. Therefore, utility model patents are easier to authorize compared to invention patents.