Draft changes to dual filing in China

With double patenting prohibited in China, many applicants have utilised a dual filing strategy to secure patent rights, but this may be set to change.

As noted in our article on the CNIPA Draft Amendments to the Guideline of Patent Examination in May, the rules around dual filing in China have come under scrutiny. Our IP experts in China explore the dual filing strategy and the impact of potential changes.

China's patent system provides three types of patent rights: invention patents, utility model patents, and design patents.

While utility model patents have certain limitations compared to invention patents – such as a shorter term of protection (10 years instead of 20) and relatively less stable rights – they also offer some advantages, including a simplified examination process, a faster timeline to allowance and grant, lower inventiveness requirements, and reduced costs.