Two Essential Features Of Utility Model Patent In China

I. INTRODUCTION

Utility model is one of the three types of patents in China. A utility model patent is granted without substantive examination and can be obtained very quickly. It plays a very important role in providing a quick, short term and flexible protection for certain IP assets.

"Utility model", according to Article 2 paragraph 3 of the Chinese Patent Law, means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.

Inventiveness, according to Article 22 paragraph 3 of the Chinese Patent Law, means that, as compared with the prior art, the invention has prominent substantive features and represents a notable progress, and that the utility model has substantive features and represents a progress.