Meaning
Regulatory definition in the People’s Republic of China categorizes the three distinct types of intellectual property that can be protected as patents: inventions, utility models and designs. Prc patent law article 2 serves as the foundational text for the entire patent system, establishing the scope of what can be registered and protected by the state. An invention is defined as a new technical solution relating to a product, a process or an improvement.
A utility model refers to a new technical solution relating to the shape, the structure or their combination, of a product, which is fit for practical use. A design is defined as a new design of the shape, the pattern or their combination, or the combination of the color with the shape or pattern, of a whole or part of a product, which creates an aesthetic feeling and is fit for industrial application. This article sets the high-level boundaries for what qualifies for legal protection, ensuring that only truly new and useful innovations are granted exclusive rights.
It is the starting point for every patent application and every infringement analysis in the Chinese legal system.
Invention Patent
Protection for inventions represents the highest level of technical achievement and carries a term of twenty years from the date of filing. These patents undergo a rigorous substantive examination where the CNIPA searches for prior art worldwide to ensure the invention is novel and non-obvious. Because of this high bar, invention patents are the most prestigious and difficult to obtain, but they provide the strongest legal protection against competitors.
They cover complex chemical formulas, manufacturing processes and sophisticated hardware designs that change how an industry operates. The long term of protection reflects the significant investment in research and development required to create such solutions.
Utility Model
Registration for utility models is often referred to as a petty patent because it has a lower technical requirement and a shorter term of ten years. These rights do not undergo a substantive examination before they are granted, making them much faster and cheaper to obtain than invention patents. This led to a massive increase in the number of utility models in China, as companies use them to protect incremental improvements to existing products.
However, because they are not checked for novelty at the start, they are much easier to invalidate during litigation if prior art is found. They are particularly popular in the consumer goods and electronics industries where product cycles are short.
Design Patent
Aesthetic features of a product are protected under this category for a period of fifteen years, focusing on the visual appeal rather than the technical function. This includes the unique shape of a smartphone, the pattern on a piece of clothing or the user interface of a software application. To be valid, a design must be significantly different from any existing design and must not be dictated solely by the technical function of the product.
Design patents are a key tool for brand protection, preventing competitors from selling look-alike products that confuse consumers. Prc patent law article 2 provides the essential framework for categorizing and protecting the vast range of human innovation in the modern economy.
