Patent Prosecution



The Patent Law of China went into force on 12 March 1984, and was amended on 4 September 1992 and 25 August 2002. There are three types of patents in China: Invention patents Utility model patents Design patents For Chinese invention patents, they must possess novelty, inventiveness (the same as non-obviousness) and practical applicability (utility). For Chinese utility models, they are sometimes referred to as small inventions because they have comparatively lower level of inventive step and are less costly than an invention. Subject to preliminary examination, a utility model only takes several months from filing to grant. Therefore utility model protection is worthwhile for some invention-creations that have small technical improvements but are of significant commercial value. For Chinese design patents, an application is also preliminarily examined only. A design is an artistic creation which features a decorative or aesthetic exterior appearance of an article, unlike...

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