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ARTICLE · 03 FEBRUARY 2010

Chinese Utility Models: A Closer Look

Nutter McClennen & Fish LLP
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China’s patent system provides three types of patent rights: invention, utility model and design. Utility models are used extensively by Chinese applicants but foreign applicants have filed only a small number of utility model applications.

United StatesIntellectual Property
Nutter McClennen & Fish LLP'S Intellectual Property Practice Group
Nutter McClennen & Fish LLP'S Intellectual Property Practice Group
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Originally published January 22, 2010

China's patent system provides three types of patent rights: invention, utility model and design. Utility models are used extensively by Chinese applicants but foreign applicants have filed only a small number of utility model applications. Among other changes, a recent amendment to Chinese patent law, which became effective as of October 1, 2009, clarifies that an applicant can apply for both invention and utility model patents on the same invention but requires that the applicant abandon the utility model patent in favor of the invention patent when the invention patent grants. This clarification brings to light a filing strategy not often pursued in China by foreign applicants.

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