Patent Applications and the Dual Filing Strategy in China

Introduction to the Chinese Patent System

In today’s global economy, protecting intellectual property (IP) is more important than ever. China has become a hub for technological innovation and development. Consequently, understanding and navigating the Chinese patent system is crucial for businesses and individuals looking to protect their IP in this rapidly evolving market.

The Importance of Intellectual Property Protection in China

The Chinese government has significantly improved its IP protection framework in recent years. As a result, ensuring that your IP is appropriately protected in China is now more critical than ever. Failing to do so may result in the loss of valuable assets and market opportunities and the potential for legal disputes and financial repercussions.

 

Types of Patent Applications in China

In China, three main types of patent applications offer different levels of protection for different kinds of inventions:

Invention Patents

These patents protect new and inventive technical solutions relating to products, processes, or improvements. Invention patents have a duration of 20 years from the filing date.

Utility Model Patents

Utility model patents protect new technical solutions for how things look, work, or are put together. These patents have a shorter protection period of 10 years from the filing date.

Design Patents

Design patents protect the aesthetic appearance of a product, including its shape, pattern, or color. The protection period for design patents is 15 years from the filing date.

 

 

The Dual Filing Strategy in China

What is the Dual Filing Strategy?

The dual filing strategy is an approach in which an applicant files an invention patent application and a utility model patent application simultaneously for the same invention. This strategy aims to maximize IP protection while minimizing the time and cost associated with the patent application process.

Benefits of the Dual Filing Strategy

Enhanced Protection

By filing both types of patent applications, an applicant can secure broader protection for their invention. While invention patents typically offer more comprehensive protection, utility model patents can provide additional safeguards against potential infringement.

Faster Granting Process

Utility model patents generally have a shorter examination period than invention patents, often granted after between 6-12 months. This means that applicants can secure protection for their invention more quickly, allowing them to enter the market sooner and deter potential competitors.

Cost-Effectiveness

The cost of filing a utility model patent application is generally lower than that of an invention patent application. By simultaneously filing both types of applications, an applicant can save on overall costs while securing comprehensive IP protection.

 

How to Implement the Dual Filing Strategy

Implementing the dual filing strategy in China involves a few key steps, which can help ensure a smoother and more successful application process:

Determine the Type of Patents to File

Before implementing the dual filing strategy, it is essential to assess your invention and determine whether it is suitable for both invention and utility model patent applications. Consult a qualified patent agent specalized in the Chinese market to help you make this decision.

Drafting the Patent Applications

Once you have determined the types of patents to file, the next step is drafting the patent applications. This process includes preparing detailed descriptions of your invention and any necessary drawings and claims. A well-drafted patent application can significantly improve your chances of securing IP protection in China.

Filing the Applications

After the patent applications have been drafted, they must be filed with the China National Intellectual Property Administration (CNIPA). Ensure all required documentation is submitted, and pay close attention to filing deadlines. Working with a patent agent with experience with the Chinese patent system is invaluable during this process.

 

Conclusion

The dual filing strategy in China offers numerous benefits for those looking to protect their intellectual property. By filing invention and utility model patent applications, applicants can secure more comprehensive protection, expedite the granting process, and reduce overall costs. Navigating the Chinese patent system can be complex, so it is advisable to consult with a qualified agent specialized in the Chinese market to ensure the best possible outcome for your patent applications in China.

 

 

FAQs

 

Can I file a design patent application as part of the dual filing strategy?

The dual filing strategy typically refers to simultaneously filing invention and utility model patent applications. However, if your invention also includes a unique aesthetic design, consider filing a design patent application in addition to the other two.

 

Is the dual filing strategy suitable for all types of inventions?

Not all inventions are suitable for both invention and utility model patents. Consult a qualified patent agent specialized in the Chinese market to determine the best filing strategy for your invention.

 

What happens if my invention patent application is rejected?

If your invention patent application is rejected, you may still have protection through the utility model patent, depending on the outcome of that application. Working with a patent agent is essential to address any issues raised during the examination process.

 

After implementing the dual filing strategy in China, can I file patent applications in other countries?

You can file patent applications in other countries after filing in China. However, knowing any international filing deadlines and requirements is crucial, which may vary depending on the country.

 

How long does it take for a patent application to be granted in China?

The granting process can vary depending on the type of patent application. Utility model patents are typically granted after between 6-12 months. In contrast, invention patents may take two to four years or even longer, depending on the complexity of the invention and the examination process.

 

 

Contact us if you need help with background investigation of Chinese companies, protecting patents, trademarks, verification of contracts to the law in China, or help with other legal challenges that you have in China.

If you require our assistance or have further questions about our services, please do not hesitate to contact our Customer Relationship Manager, Jan Erik Christensen, at janerik@ncbhub.com. We look forward to hearing from you and helping your business succeed in China.

Contact us if you need help with drafting of contracts that follows Chinese laws and are enforceable in China, background investigation of Chinese companiesprotecting patents, trademarks, verification of contracts to the law in China, or help with other legal challenges that you have in China.

If you require our assistance or have further questions about our services, please do not hesitate to contact our Customer Relationship Managers Jan Erik Christensen, at janerik@ncbhub.com  or Milla Chen, at huimin.chen@ncbhub.com. We look forward to hearing from you and helping your business succeed in China.