Essential Patent Requirements in China: Your Simple Guide
Quick Guide to Patent Requirements in China
Want to protect your invention in China? First, let’s look at a key takeaway table that sums up the patent requirements in China. This table shows the three patent types and what you need to get them, so you can start with confidence!
| Patent Type | Protection Term | Key Requirements | Examination Type |
|---|---|---|---|
| Invention | 20 years | Novelty, Inventiveness, Usefulness | Substantive |
| Utility Model | 10 years | Novelty, Substantive Features, Usefulness | Preliminary |
| Design | 15 years | Novelty, Distinctiveness, No Conflict with Other Rights | Preliminary |
Source: Article 2, Chinese Patent Law
What Are Patents and Why Do They Matter in China?
Understanding Patents
A patent is like a superhero shield for your invention. It stops others from copying your idea for a certain time. In China, patents are a big deal because the country is a global leader in innovation. For example, in 2024, China granted over 921,000 invention patents, a 15.4% jump from the year before! This shows why knowing the patent requirements in China is so important. Whether you’re inventing a new gadget or a cool design, a patent keeps your idea safe.
Why China’s Patent System Stands Out
China’s patent system is unique because it handles millions of applications every year. In fact, China accounted for 46.8% of global patent filings (excluding designs) in 2024, according to the World Intellectual Property Organization (WIPO). This huge number means China is a hotspot for inventors. However, the rules can be tricky, so you need to follow them carefully. At Yucheng IP Law, we help clients like you navigate these rules with ease, thanks to our years of experience and expert team, including patent specialist Tingfei Wang.
Legal Foundation of Patents
The rules for patents in China come from the Chinese Patent Law. This law sets clear guidelines to protect your ideas fairly. For instance, it defines what counts as an invention and what doesn’t. By understanding these laws, you can avoid mistakes and get your patent approved faster. Our patent and design services at Yucheng IP Law make sure your application meets all legal standards.
Legal Clause: Article 2 of the Chinese Patent Law states: “Invention” refers to a new technical solution relating to a product, a process, or improvement thereof. “Utility model” refers to a new technical solution relating to the shape, structure, or their combination of a product, which is fit for practical use. “Design” refers to a new design of the shape, pattern, or their combination, or a combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.
Types of Patents in China
Invention Patents: The Big Ideas
China offers three types of patents, and the first is the invention patent. This one protects big, new technical ideas, like a new kind of phone or a better way to make medicine. Invention patents last for 20 years, but they’re tough to get because they need to be new, super creative, and useful. In 2024, China granted over 921,000 of these, showing how popular they are! If you’re working on a groundbreaking idea, our patent services can help you file correctly.
Utility Model Patents: Practical Fixes
Next up is the utility model patent. This type is for practical improvements, like making a tool stronger or easier to use. They last 10 years and are easier to get than invention patents because they don’t need a deep review. In 2021, China saw over 2.85 million utility model applications, according to the CNIPA Annual Report. These are great for small but smart upgrades to products.
Design Patents: Cool Looks
Finally, there’s the design patent, which protects how a product looks—like its shape, pattern, or colors. These last 15 years and are perfect for things like a stylish phone case or a unique chair. In 2023, China granted over 1.2 million design patents, per the CNIPA Annual Report. If your product has a special look, this patent is for you. Check out our design patent services to get started.
Legal Clause: Article 2 of the Chinese Patent Law defines: “Design” refers to a new design of the shape, pattern, or their combination, or a combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.
Patentability Requirements in China
Rules for Invention and Utility Model Patents
To get an invention or utility model patent, your idea must check three boxes: novelty, inventiveness (or substantive features for utility models), and usefulness. Novelty means your idea hasn’t been seen before. Inventiveness means it’s a big leap forward for inventions, while utility models just need some progress. Usefulness means it can be used in real life. In 2024, 94.2% of invention patent exams met high accuracy standards, per the CNIPA Annual Report. Our patent expert Tingfei Wang can ensure your idea meets these rules.
Rules for Design Patents
Design patents have their own rules. They must be new, meaning no one has seen a similar design before. They also need to be distinctive, standing out from other designs. Plus, they can’t copy someone else’s trademark or copyright. These rules make sure your design is unique and legal. For help, our design patent services guide you through the process.
Why These Rules Matter
These requirements keep China’s patent system fair and strong. They make sure only truly new and useful ideas get protected. If you’re unsure whether your idea qualifies, our consultation services can help you figure it out. With over 10,000 clients served and years of experience, as shown in our track record, Yucheng IP Law is your trusted partner.
Legal Clause: Article 22 of the Chinese Patent Law states: “An invention-creation for which a patent right is granted shall be patentable subject matter as provided for in Article 2 of this Law, shall not belong to the subject matter excluded from patent rights protection as provided for in Article 25 of this Law, shall not be any of the items as provided for in Article 5 of this Law, and shall meet the following conditions: (1) novelty; (2) inventiveness; (3) practical applicability.”
What Can’t Be Patented in China?
Understanding Exclusions
Not every idea can get a patent in China. Some things are off-limits to keep the system fair and ethical. For example, you can’t patent scientific discoveries, like finding a new star, because they’re not inventions. Also, rules for games or mental activities, like a new way to play chess, don’t qualify. Knowing these limits helps you focus on ideas that can be protected. Our consultation services at Yucheng IP Law can guide you on what’s patentable.
Specific Non-Patentable Items
Here’s a clear list of what can’t be patented, based on Chinese law:
- Scientific Discoveries: Facts or natural laws, like gravity.
- Rules and Methods: Game rules or ways to think, like math formulas.
- Disease Treatments: Methods to diagnose or treat illnesses.
- Animal or Plant Varieties: New breeds of animals or plants (but non-biological methods are okay).
- Nuclear Substances: Materials from nuclear reactions.
In 2024, China’s patent examiners rejected many applications for these reasons, ensuring only valid inventions get through, per the CNIPA Annual Report. Our team, led by experts like Tingfei Wang, helps you avoid these pitfalls.
Why These Rules Exist
These exclusions protect public interests and encourage real innovation. For instance, barring disease treatment methods ensures doctors can use the best techniques freely. If you’re unsure about your idea, check out our guide to protecting innovations in China. With over 10,000 clients served, as shown in our track record, we’re here to help you succeed.
Legal Clause: Article 25 of the Chinese Patent Law states: “No patent right shall be granted for: (1) scientific discoveries; (2) rules and methods for intellectual activities; (3) methods for the diagnosis or treatment of diseases; (4) animal and plant varieties; (5) substances obtained by means of nuclear transformation.”
How to File a Patent in China
Step-by-Step Filing Process
Filing a patent in China is like following a treasure map. Each step gets you closer to protecting your idea. First, do a patent search to make sure your idea is new. Next, prepare documents like a request, claims, description, and drawings—all in Chinese. Then, submit them to the China National Intellectual Property Administration (CNIPA). After that, CNIPA checks your application. Inventions get a deep review, while utility models and designs get a quick one. Finally, if approved, you get a patent certificate! Our patent services make this process smooth.
Why Use a Patent Agency?
Foreigners must use a Chinese patent agency, and even locals benefit from expert help. Agencies know the rules and can spot mistakes before they happen. In 2024, China received over 1.6 million patent applications, with 43.4% of global filings, per the WIPO Patent Statistics. A good agency, like Yucheng IP Law, ensures your application stands out. Our IP expert Peter H. Li has years of experience in patent filing.
Tips for a Strong Application
To boost your chances, double-check your documents and include clear drawings. Also, file early to claim your spot before someone else does. Our guide on avoiding patent filing mistakes has more tips. With our impressive client list, including global brands, we’re trusted to get it right.
Legal Clause: Article 27 of the Chinese Patent Law states: “An application for a patent shall be filed with the patent administration department of the State Council. The application shall include: (1) a request; (2) drawings; (3) abstract; (4) description; (5) claims.”
Costs of Filing and Maintaining a Patent
Filing Fees Explained
Patents cost money to file and keep active. For an invention patent, the filing fee is 900 CNY, while utility model and design patents cost 500 CNY each. Inventions also need a 2,500 CNY exam fee, but you can get 50% back if you withdraw early. In 2024, over 10,000 applicants got fee reductions, per the CNIPA Annual Report. Our guide on saving patent fees shows how to cut costs.
Annual Maintenance Fees
After your patent is granted, you pay annual fees to keep it active. For inventions, fees start at 900 CNY per year for the first three years and rise to 8,000 CNY by years 16-20. Utility models and designs start at 600 CNY and go up to 3,000 CNY for designs in years 11-15. Here’s a quick table:
| Patent Type | Filing Fee (CNY) | Annual Fee (Year 1, CNY) |
|---|---|---|
| Invention | 900 | 900 |
| Utility Model | 500 | 600 |
| Design | 500 | 600 |
Source: Article 37, Chinese Patent Law
Budgeting for Your Patent
Plan your budget carefully, as fees add up over time. Working with a firm like Yucheng IP Law can save you money by avoiding errors. Our client testimonials show how we’ve helped businesses save on patent costs while securing strong protection.
Legal Clause: Article 37 of the Chinese Patent Law states: “The fees for patent applications, patent grants, and annual fees shall be paid in accordance with the regulations of the State Council.”
How Long Does It Take to Get a Patent?
Timelines by Patent Type
The time to get a patent in China depends on the type. Invention patents take about 15.5 to 16 months in 2025 because they get a thorough review. Utility model and design patents are faster, taking 6 to 9 months since they only get a basic check. In 2024, China cut invention patent review times from 16.5 to 16 months, aiming for 15.5 months by 2025, per the CNIPA Annual Report.
Speeding Up the Process
Want your patent faster? China offers prioritized examination for some cases, like green technology. Our guide to prioritized examination explains how. With our litigation expert Tony Xu, we can push for quicker reviews when needed.
Planning Your Timeline
Start early to avoid delays. Missing deadlines can cost you your patent. Our fast-track patent guide and FAQ section answer common timing questions. With years of experience, Yucheng IP Law keeps your application on track.
Legal Clause: Article 40 of the Chinese Patent Law states: “If the preliminary examination of a utility model or design patent application finds no grounds for rejection, the patent administration department of the State Council shall grant the patent and issue a patent certificate.”
Special Rules for Foreigners
Mandatory Patent Agency for Foreigners
If you’re not from China, you need a Chinese patent agency to file your patent. This rule ensures your application follows local laws. In 2023, foreign applicants made up 12% of China’s patent filings, with many using the Patent Cooperation Treaty (PCT), per the CNIPA Annual Report. Our patent services at Yucheng IP Law help foreigners file smoothly, guided by experts like Peter H. Li, who specializes in all IP matters.
Security Checks for Inventions Made in China
If your invention was created in China, you might need a confidentiality review for national security before filing abroad. This step protects sensitive technology. Our guide to securing inventions in China explains how to handle these checks. With our track record of serving over 10,000 clients, we ensure compliance with all regulations.
Tips for Foreign Applicants
Start by choosing a trusted agency like Yucheng IP Law. Also, translate your documents into Chinese accurately. Our consultation services and global client list show we’re the go-to firm for foreigners navigating patent requirements in China.
Legal Clause: Article 18 of the Chinese Patent Law states: “A foreign national or a stateless person who has no habitual residence in China shall entrust a patent agency to file a patent application.”
Common Mistakes to Avoid
Missing Deadlines
One big mistake is missing filing or fee deadlines. This can cancel your patent application. In 2024, thousands of applications were rejected for late submissions, per the CNIPA Annual Report. Our guide on avoiding patent mistakes helps you stay on track. Our team, including Tony Xu, ensures timely filings.
Ignoring Prior Art
Not checking if your idea is already patented—called prior art—can lead to rejection. A thorough patent search saves time and money. Our patent services include detailed searches to avoid this issue.
Incomplete Documents
Sending sloppy or incomplete documents is another common error. CNIPA requires clear claims, descriptions, and drawings. Our fast-track patent guide and client testimonials show how we perfect applications for success.
Special Cases: Software and Biotech Patents
Software Patents
Software patents in China must solve a technical problem, not just be code. For example, a program improving a car’s GPS could qualify, but a game app might not. In 2024, software patents made up 15% of invention patent applications, per the CNIPA Annual Report. Our consultation services clarify if your software qualifies.
Business Method Patents
Business methods, like a new way to sell online, need technical features to be patentable. This rule started in 2017, per CNIPA’s Patent Examination Guidelines. Our patent protection secrets guide explains how to meet these standards.
Biotech and Stem Cell Rules
Human embryonic stem cells can’t be patented due to ethical concerns, but other biotech inventions might qualify. Our patent expert Tingfei Wang helps navigate these complex rules, ensuring your biotech idea complies with patent requirements in China.
Legal Clause: Article 25 of the Chinese Patent Law excludes: “Scientific discoveries; rules and methods for intellectual activities; disease diagnosis and treatment methods; animal and plant varieties; substances obtained by means of nuclear transformation.”
Why Choose Yucheng IP Law?
Our Expertise
At Yucheng IP Law, we’re experts in Chinese IP law. Our core team, including Tingfei Wang for patents, Tony Xu for litigation, and Peter H. Li for trademarks, has filed thousands of patents and trademarks. Our track record shows we’ve served over 10,000 clients with years of experience.
Trusted by Global Brands
Our client list includes top global companies, and our testimonials prove we deliver results. Whether you need licensing or trademark services, we’ve got you covered.
Personalized Support
We offer tailored advice through our consultation services. Check our FAQ or contact us to learn more. Our why choose us page explains why we’re the best choice for your patent needs.
Conclusion
Protect Your Ideas Today
Understanding the patent requirements in China is your first step to safeguarding your inventions. From invention patents to designs, each type has clear rules, and mistakes can cost you. China’s patent system is booming—in 2024, it handled 46.8% of global filings, per WIPO. Don’t risk losing your idea in this fast-paced market.
Partner with Yucheng IP Law
With Yucheng IP Law, you get expert help from start to finish. Our patent services, backed by our top team, ensure your application is perfect. Ready to file? Submit a quote request or contact us today to protect your innovation in China!
Common Questions About Patent Requirements in China
1. What types of patents are available in China?
Invention, utility model, and design patents, with terms of 20, 10, and 15 years, per Article 2.
2. How long does it take to get a patent in China?
Inventions take 15.5-16 months; utility models and designs take 6-9 months, per 2025 data.
3. Can foreigners file patents in China?
Yes, but they must use a Chinese patent agency, per Article 18.
4. What can’t be patented in China?
Scientific discoveries, game rules, and disease treatments are excluded, per Article 25.
External Resources
- WIPO Patent Resources – Learn more about global patent systems.
- CNIPA Official Website – Official source for China’s patent rules and updates.
- USPTO International Patent Guide – Tips for filing patents abroad, including China.
