Introduction of China’s Patent

Through legal channels to obtain patent protection for the created invention, is the key to the success of today’s businesses. Conpak Certified Public Accountants very understands of China’s patent system. We are happy to share with you the information about China’s patent type, expiration date, and priority.

Benefits of China’s Patent Application

As the created invention protected by the law, the patent has an important role to encourage innovation and safeguard the legitimate rights and interests of enterprises. On the rights of people, the patent benefits include:

  • Prevent the loss of technological achievements;
  • Exclusive patented product sales market, to prevent commercial competition;
  • Improve the core competitiveness of enterprises;
  • Safeguard company’s legitimate rights and interests, to avoid infringement;
  • Increase the assessed value of assets, transfer, licensing, pledge for financial gain;
  • Enhance the image of the enterprises and their products;
  • Enjoy the preferential policies of the government revenue and export trade.

Types of China’s Patent

According to the patent laws and regulations of China, the types of China’s patent including inventions, utility models and designs. Invention refers to any new technical solution proposed product, a process or improvement; utility model refers to the shape of the product, structure, or their combination for new technical solutions proposed; design refers to product’s shape, pattern or combination of color and the shape, pattern made ​​by the combination of new design aesthetic feeling and is fit for industrial application. To obtain patents, inventions and utility models must possess novelty, inventiveness and practical, design is not the same and not similar with domestic and foreign publications published before the date of filing or domestic public appearance of design.

China’s Patent Distinction

China’s patent classification defined clearly, whether censorship or application process, there are many differences among inventions, utility models and design, please see the following table:

Differences of Invention, Utility model and Design



Utility model



Substantive examination

Form of review

Form of review

Application process








Strength of protection




China’s Patent Validity

The patent has the timing, that the patent is valid only within a certain period. The China’s patent is valid from the date of filing, the invention patent is valid for 20 years, utility model and design patents are valid for 10 years.


Priority of China’s Patent

China’s patent has priority. If the applicants first apply the same subject invention or utility model in China, the first date of a patent application within 12 months from the again patent application from the Patent Office of China’s State Intellectual Property Office, applicants can enjoy a national priority; if the applicants apply the same invention or utility model in a foreign country for the first time within 12 months from the date of patent application, or on the same design in foreign first 6 months from the date of patent application, then apply the patent in China, applications will have an international priority.

In addition, in order to encourage invention and innovation, the Chinese government establishes a special fund to support the China’s patent apply foreign patent, successful applicants will receive up to 10 million in grants. If you want to entrust an agency to apply for patents business or patent funding, please contact Conpak. We will provide you with professional services, and to develop a full range of intellectual property protection program.