How many types of industrial property rights exist in China?

There are three kinds of industrial property rights in China, including patent, trademark and copyright. Patent is composed of “patents for invention”, “patents for utility model” and “patents for design”.

What is the difference between three kinds of patent?

The Rule 1 of Chapter one of the Implementing Regulations of the China Patent Law says that invention means any new technical solution relating to a product, a process or improvement.

According to the rule 2 of Chapter one of the Implementing Regulations, utility model in the China Patent Law represents any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.

Design, in the word of the China Patent Law, means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.

Why do I need a china patent?

If your invention has Chinese market potential and you think that another company could make profits from your invention, you need protection from a patent.

A patent gives you the right to exclude others from making your product.

As a patent gives exclusivity, the patent holder has time to market the invention without competition making him/her able to charge higher prices.

It gives the right to initiate legal action against anyone that is making or selling, without permission, the patent holder invention.

You can make money by licensing or selling your invention to someone else.

It gives you priority over third parties wanting to register their patents in countries that do not require registration.

What documents needed for applying a patent in China?

For applying for a patent of invention or utility model, an application shall be filed first, a request, a description and its abstract, and claims shall be submitted.

For applying for a patent for design, an application shall be filed first, a request, drawings or photographs of the design shall be submitted, and the product incorporating the design and the class to which that product belongs shall be indicated.

What kinds of foreigners can apply for patent rights in China?

Those foreign people who have fixed residences or business sites, or foreign enterprises or organizations located in China, enjoy same the privilege of Chinese people in the respect of patent right protection, i.e. they have the rights either to apply for patents as same as Chinese people do, or to enjoy protection from the Chinese Patent Law.

Any foreigner, foreign enterprise or other foreign organization having no fixed residence or business site in China files an application for a patent in China, the application shall be treated under this Patent Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are member countries, or on the basis of the principle of reciprocity.