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Questions about the “Patent Act” in China

Updated: 2014-12-28
(sipa.gov.cn)

What does the invention refer to in ?

As stipulated under the “Patent Act” of China, the invention refers to new technology scheme put forward for the product, the method or the improvement.

What does the utility model refer to in the “Patent Act” in China?

As stipulated under the “Patent Act” of China, the utility model refers to new practicable technology scheme put forward for the shape/structure of the products or their improvement. Where the invention and innovation are involved, no utility model patent is allowed to be applied for.

What does the design refer to in the “Patent Act” in China?

As stipulated under the “Patent Act” of China, the design refers to the new beautiful design not only suitable for the industrial application but also put forward for the shape/ pattern of the products, their combination and the combination of the color, the shape and the pattern. Where only the structure-related invention and innovation of the products are involved, no design patent is allowed to be applied for.