– Patent Law of the People’s Republic of China, promulgated on March 12, 1984, in force since April 1, 1985 (published in Industrial Property No. 4, 1984).
– Decision regarding the Revision of the Patent Law of PRC of September 4, 1992, in force since January 1, 1993.
– Decision regarding the Revision of the Patent Law of PRC of August 25, 2000, in force since July 1, 2001.
– Decision regarding the Revision of the Patent Law of PRC of December 27, 2008, in force since October 1, 2009.
– Implementing Regulations of July 1, 2001; latest revision effective from January 20, 2024.
– Decision regarding the Revision of the Patent Law of PRC of October 17, 2020, in force since June 1, 2021.

– Convention Establishing the World Intellectual Property Organization (WIPO), since June 3, 1980.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 19, 1985.
– Patent Cooperation Treaty (PCT), since January 1, 1994.
– WTO’s TRIPS Agreement, since December 11, 2001.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since November 7, 2023.

Same provisions as for “Patents” (see II. above) with the following differences:

Definition of a utility model: any technical solution relating to the shape, the structure, or their combination, of a product, which is for practical use.

Conditions for grant of right: any utility model for which a right may be granted must possess novelty, inventiveness and practical applicability.

Novelty: as of October 1, 2009, absolute novelty applies, meaning a utility model is novel if before the date of filing it does not belong to the prior art (technology known to the public in China and abroad before the filing date) and no application is filed previously with CNIPA, which describes an identical invention and is published after the date of filing.

Inventiveness: a utility model must have substantive features and represent progress.

Practical applicability: a utility model must be producible, usable and produce effective results.

Exception to protection for utility models: no right for utility model shall be granted for any of the following inventions/creations: (1) methods of whatever kind, or the uses of products; (2) products without a definite form, such as substances or materials in a gaseous or liquid state or in powder or particulate form; (3) products that have been changed by the substitution of material, or by a difference in manufacturing technology, but have retained the same form and construction; (4) any product, such as a chess set or poker game, which is characterized only by the design of a standard configuration and without resolving any technical problem; (5) the molecular structure and component of a substance.

Filing requirements for an application (to be sent to resident agent):
Same as for “Patents“.

Only a preliminary examination is conducted.

Amendments: accepted; within two months from the filing date, the applicant may amend the application for a utility model on his own initiative. The amendments cannot go beyond the initial disclosure.

Duration: the duration of a utility model is ten years from the date of filing in China.

Infringement of utility models: the court or the administrative authority may require an appraisal report issued by CNIPA containing its opinion on patentability of the utility model when the patentee or an interested party institutes legal proceedings or requests the administrative authority for patent affairs to handle the matter of infringement.

Extent of protection, Assignment, License, Marking: same as for “Patents“.

Same as for “Patents“.