Understanding Chinese Patent Types: A Simple Guide for Innovators
Quick Reference Table: Chinese Patent Types at a Glance
China offers three main patent types to protect your ideas: invention, utility model, and design. Each has unique features, costs, and timelines. Here’s a quick overview to help you understand Chinese patent types and choose the right one for your innovation.
| Type | Definition | Requirements | Protection Period | Examination | Time to Grant | Cost (Approx.) |
|---|---|---|---|---|---|---|
| Invention | New technical solutions for products or processes | Novelty, inventiveness, practical applicability | 20 years | Substantive | 2-3 years | $4,000+ |
| Utility Model | New practical improvements to product shape or structure | Novelty, practical applicability | 10 years | Formal | 6-12 months | Less than invention |
| Design | New aesthetic designs for industrial products | Novelty, distinctiveness | 10 years (extendable by 5) | Formal | 3-6 months | Less than invention |
Source: Official Fees of Chinese Patent Application, How to Patent in China
Why Chinese Patent Types Matter for Your Business
Protecting Your Ideas in China
Patents act like a shield for your ideas, stopping others from copying your work. In China, where innovation is booming, understanding Chinese patent types is essential. For instance, China filed over 1.4 million patent applications in 2021, more than half of the world’s total, according to the World Intellectual Property Organization (WIPO). This shows how serious China is about protecting new ideas.
Therefore, if you’re creating new technology, improving a product, or designing something unique, patents give you exclusive rights. However, China’s patent system can be complex. That’s why Yucheng IP Law (YCIP) is here to help. Our experts, like Tingfei Wang for patents and Peter H. Li for all IP matters, guide you through the process. Learn more about our patent and design services.
Why Choose Yucheng IP Law?
At YCIP, we’ve filed thousands of patents and served many clients, as shown in our track record. Our testimonials prove our success in helping businesses protect their IP. For example, we offer consultation and litigation support to defend your rights if someone copies your work. Additionally, our Beginner’s Guide to IP Rights in China explains how to start.
Consequently, working with YCIP saves you time and money. Our why choose us page highlights our expertise and client-focused approach. Ready to protect your ideas? Contact us today.
The Three Chinese Patent Types Explained
Invention Patents: Protecting Big Ideas
Invention patents are for groundbreaking ideas, like a new app or a life-saving drug. They protect new technical solutions for products or processes. To get one, your idea must be:
- Novel: Never seen before anywhere.
- Inventive: Not obvious to experts.
- Practical: Usable in real life.
These rules are set by Article 22 of the Patent Law of the People’s Republic of China (source).
Invention patents last 20 years, as per Article 42. However, they take 2-3 years to get approved due to a thorough check called substantive examination. For faster approval, you can use the Patent Prosecution Highway (PPH), which can cut the time to under two months, according to IAM. In early 2024, China granted 10,458 invention patents, a 16.7% jump from 2023, showing a focus on big ideas like AI (source).
Want to protect your big idea? Our guide to securing inventions in China has more tips.
Utility Model Patents: Quick Protection for Improvements
Utility model patents, or “mini-patents,” are for small upgrades, like a better bike pedal. They cover practical improvements to a product’s shape or structure. You need:
- Novelty: New to the world.
- Practicality: Useful in real life.
Unlike invention patents, they don’t need to be super clever, as defined in Article 2 of the Patent Law (source). They last 10 years (Article 42) and take only 6-12 months to get because they skip the detailed check. In 2024, China granted 11,600 utility model patents, down 15.6% from 2023, possibly due to stricter rules (source).
These patents are cheaper, making them great for small businesses. Check our guide to fast-tracking patent applications for more details.
Design Patents: Safeguarding Product Looks
Design patents protect how a product looks, like a stylish chair or a sleek phone. They cover shapes, patterns, or colors that make a product attractive. To qualify, your design must be:
- Novel: Never seen before.
- Distinctive: Different from other designs.
This is outlined in Article 22 of the Patent Law (source). Design patents last 10 years, but you can add 5 more years, as per Article 42. They take just 3-6 months to get approved because they only need a formal check. In 2024, China granted 10,000 design patents, a 14.3% drop from 2023, likely due to new rules against bad-faith filings (source).
Design patents are affordable and quick, perfect for products where looks matter. Learn more in our top 10 secrets for patent protection in China.
Comparing Chinese Patent Types: Which One Fits Your Needs?
Key Differences Between Patent Types
Choosing the right Chinese patent type depends on your innovation, budget, and timeline. Here’s a detailed comparison to help you decide:
| Type | Definition | Requirements | Protection Period | Examination | Time to Grant | Cost (Approx.) |
|---|---|---|---|---|---|---|
| Invention | New technical solutions for products or processes | Novelty, inventiveness, practical applicability | 20 years | Substantive | 2-3 years | $4,000+ |
| Utility Model | New practical improvements to product shape or structure | Novelty, practical applicability | 10 years | Formal | 6-12 months | Less than invention |
| Design | New aesthetic designs for industrial products | Novelty, distinctiveness | 10 years (extendable by 5) | Formal | 3-6 months | Less than invention |
Source: Official Fees of Chinese Patent Application, How to Patent in China
How to Choose the Right Patent Type
Invention patents are best for big, new ideas, like a new type of battery, but they cost more and take longer. Utility models are great for small upgrades, like a new tool handle, and are faster and cheaper. Design patents suit products where appearance is key, like fashion or gadgets, and are the quickest to get. For example, if you’re in AI, an invention patent might be ideal, as China leads in AI patents with over 38,000 filed since 2014 (source).
At YCIP, we help you pick the best patent type. Our services include expert advice from Tony Xu for litigation support. Check our guide to avoiding costly patent filing mistakes for more tips.
Recent Trends in Chinese Patent Filings (2024-2025)
China’s Global Leadership in Patents
China is the world’s top patent filer, and it’s not slowing down. In 2024, China passed the U.S. in international patent filings for the first time, as reported by Axios. Back in 2021, China filed over 1.4 million patent applications, more than half the global total, according to the World Intellectual Property Organization (WIPO). This shows why understanding Chinese patent types is so important for businesses.
In early 2024, invention patents surged by 16.7%, with 10,458 granted in just two months, while utility models dropped by 15.6% (11,600 granted) and design patents fell by 14.3% (10,000 granted), per aaaipright.com. Therefore, China is focusing on high-value inventions, like AI and semiconductors. For example, China filed over 38,000 generative AI patents since 2014, leading the world, as noted by Forbes.
Key Industries and Policy Changes
China’s patent boom is strong in tech. Semiconductor patent filings jumped 42% from 2023 to 2024, driven by U.S. export restrictions, according to Tom’s Hardware. Meanwhile, new rules in January 2024 made it harder to file low-quality utility models and designs, aiming to improve patent quality, as per IAM. Additionally, financial incentives for patent licensing are being phased out by 2025, encouraging real innovation.
These trends affect how you protect your ideas. At Yucheng IP Law (YCIP), we stay updated on these changes to help clients. Our guide to speeding up Chinese patent examinations explains how to navigate these new rules. Want to stay ahead? Check our FAQ for more insights.
Legal Framework: How Chinese Patent Types Are Protected
The Patent Law of China
China’s patent system is built on the Patent Law of the People’s Republic of China, last updated in 2020 and effective from June 1, 2021. This law, supported by the Implementing Regulations and Guidelines for Patent Examination, sets the rules for Chinese patent types. Here are the key articles:
- Article 2: Defines the three patent types: inventions (new technical solutions), utility utility models (practical product improvements), and designs (aesthetic product designs).
- Article 22: Requires novelty, inventiveness, and practicality for inventions, and novelty and distinctiveness for designs.
- Article 42: Sets protection periods: 20 years for inventions, 10 years for utility models, and 10 years (extendable by 5) for designs.
These rules ensure your patents are legally protected, as explained in our guide to the China Patent Office (CNIPA).
Enforcing Your Patent Rights
If someone copies your patent, you can fight back. The China National Intellectual Property Administration (CNIPA) or local IP offices can handle disputes, or you can go to court. Courts may award damages based on your losses or a reasonable royalty, as noted in Wikipedia’s patent law overview. Our litigation support team, led by Tony Xu, can help you win these battles.
Understanding this legal framework is key. Visit our IP counsel guide for more details.
Frequently Asked Questions About Chinese Patent Types
What Are the Main Differences Between Patent Types?
Invention patents need inventiveness and last 20 years, while utility models don’t and last 10 years. Design patents protect looks for 10 years (extendable by 5). Inventions take 2-3 years to get, utility models 6-12 months, and designs 3-6 months, per patenttrademarkblog.com. Costs start at $4,000 for inventions, less for others (source).
Need help choosing? Our services guide you.
Can I File Both an Invention and Utility Model Patent?
Yes, but if the invention patent is granted, you must give up the utility model, as per Article 47 (source). This dual filing is popular for quick protection. Learn more in our patent filing guide.
What Can’t Be Patented in China?
You can’t patent scientific discoveries, mental activities, or medical treatments, as stated in Article 25 (source). Our FAQ has more answers.
How Does CNIPA Handle Patent Disputes?
CNIPA reviews patent applications and disputes. For infringement, you can file a complaint or go to court. Our patent licensing guide explains enforcement options.
How Yucheng IP Law Can Help with Chinese Patent Types
Expert Patent Filing and Strategy
At Yucheng IP Law, we make patent filing easy. Our team, including Tingfei Wang and Peter H. Li, helps you pick the right Chinese patent type. We’ve filed thousands of patents, as shown in our track record. Our patent services cover everything from filing to enforcement.
Check our client list to see who trusts us.
Why Work with YCIP?
Our expertise and years of experience set us apart. We offer licensing services and cost-saving tips. Plus, our testimonials show our success. Ready to start? Get a quote or contact us.
Conclusion: Protect Your Ideas with Yucheng IP Law
Understanding Chinese patent types—invention, utility model, and design—is the first step to protecting your ideas in China’s booming market. With invention patents surging in 2024 and new rules shaping the system, now’s the time to act. Whether you’re launching a new tech product, improving a tool, or designing a unique look, Yucheng IP Law can help.
Don’t risk losing your ideas. Our expert team, backed by years of experience and thousands of successful filings, will guide you through every step. Visit our services page to learn more, or contact us today to start protecting your innovation. Let’s secure your future in China’s IP landscape!
External Links
- Patent Law of the People’s Republic of China
- China’s Global Patent Leadership (WIPO)
- 2024 Invention Patent Surge
- China’s AI Patent Race
- China Passes U.S. in Patent Filings
- Official Chinese Patent Fees
- How to Patent in China
- Foreign Applicants in China
- 2024 Patent and Design Updates
- Semiconductor Patent Surge
- 2024 IP Protection Rules
- China’s Patent Numbers Explained
- Are Patents Indicative of Innovation?
- CNIPA Official Website
- China IP Law Updates 2024
