FAQs About Patent Procurement And Enforcement In China

In China, there are three kinds of patent: invention, utility model and design. Only invention patents are subject to substantive examination.

The requirements for patentability requirements are as follows.

Patent eligibility

All patent applications must first pass the patent eligibility bar:

• An invention patent application must be directed to a new product or process of a technical nature.
• A utility model application must be limited to a product's shape or structure (or a combination thereof).
• A design application must be directed to a new aesthetic industrial design of a product's shape or pattern (or a combination thereof), or a pattern or shape combined with a colour.