Utility Model Patent

A utility model patent is granted for new practical, technical solutions relating to the shape, structure, or their combination, of a product that is practical. Utility models are generally suitable for inventions that do not reach the same level of inventiveness as invention patents. It takes about one year to be granted and the maximum term of protection is ten years if renewal fees are paid.

Advantages

1. Only takes approximately one year to be granted

2. Lower application fee of RMB 500 compared to the invention patent

Disadvantages

1. Lack of a substantive examination, which makes it easier for an alleged infringer to file an invalidation request against your patent

KEY CRITERIA

1. Practical solution: Inventions eligible for a utility model patent are more closely related to how practical it is and to improving the functionality of an existing product rather than a brand new solution.

2. Lower level of inventiveness: If your invention has a lower level of inventiveness or have a relatively shorter life span, one strategy may be to apply for a utility model patent rather than an invention patent.