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China Utility Model Patent Application Advantages

Updated:2018-5-14 14:48:10    Source:www.tannet-group.comViews:156

China utility model patent application enjoys many advantages which will be described below for your reference. Many foreign businesses are not familiar with the utility model patent system or are suspicious of the real value of a utility model patent registration. Generally speaking, a utility model is a statutory monopoly granted for a limited time in exchange for an inventor providing sufficient teaching of his or her invention to permit a person of ordinary skill in the relevant art to perform the invention. The main advantages of utility model patent in China are as follows:

1. The speed and simplicity of registration
There is no substantive examination which means that if there are no formality objections, the registration of a utility model patent can proceed to grant within 6-12 months, compared with the 2-5 years that it can take for an invention patent to issue. This quick file-to-grant cycle makes the regime ideal for products that will be entering the market quickly.

2. Perfect for products with a short commercial life or lesser inventions
The shorter term of protection is suitable for manufacturers with wide product ranges with short life-cycles. Utility model patents are particularly well suited to protecting improvements or adaptions of existing products which may not necessarily satisfy the requirements for obtaining an invention patent.

3. Lower requirement for inventive step
Although the novelty requirement is the same, the standard of inventive step required for a utility model is lower than for an invention patent. For a utility model, the invention must possess “a substantive feature and indicates an advancement”, which is in contrast to an invention patent which requires “a prominent substantive feature and indicates remarkable advancements”.

4. Prompt enforcement
Rapid registration means the possibility of prompt enforcement against infringement which is critical if a product launch is imminent, or in industries with constantly evolving product lines, or products that may be easily copied/reverse-engineered.

5. Utility model patents can be really effective
The protection granted is the same as invention patents since it allows the right holder to prevent others from commercially using the protected invention without authorization. The basis for claiming damages for infringement is also the same.

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