The Types of Chinese Patents: Data Breakdown and Overview

The Chinese patent system offers three types of patents, varying in the type and duration of protection offered as well as the level of examination they receive. The latest available annual data on Chinese patents illustrate the breakdown of recently granted patents by category:

• Invention Patents: 18% of patents granted in 2018. Invention patents are similar to US utility patents; they cover technical solutions for a product, process, or improvement thereof, and require subject matter that represents “notable progress” over prior art. They are valid for 20 years and require a full, substantive examination, which usually takes three to five years.

• Utility Model Patents: 60% of patents granted in 2018. Utility model patents protect only technical solutions related to the shape and/or structure of a product, require only “progress” over the prior art, and do not undergo a full substantive examination (merely a formality examination). They are valid for ten years and usually issue in less than 12 months, allowing much earlier protection.

• Design Patents: 22% of patents granted in 2018. Design patents cover a product’s external features with respect to pattern, shape, and/or color, as long as those features are capable of being mass-produced. They also have a ten-year lifespan and do not require substantive examination.

Chinese courts have become an increasingly popular venue for patent litigation, and a key to assessing patent risk in China is understanding the differences between the Chinese and US patent systems. For a detailed overview of those differences, see RPX’s blog post: “Chinese Patent Litigation: A Comparative Overview”.

Why RPX?

At RPX, we believe that the best defense is a good offense. That’s why since our inception in 2008, we’ve purchased rights to over 47,800 patent assets to mitigate patent risk for our members. As one of the most active participants in the patent market, RPX has compiled proprietary data on thousands of litigations and patent transactions. With RPX, companies have access to reliable information about the patent market, helping them to better understand this constantly changing landscape. Through our data and research on patent litigation and the patent marketplace, we’re able to provide our members with the most complete view of the current picture.

As the patent litigation landscape continues to change, RPX will keep innovating and staying ahead of the future risks our members face. Contact us today to find out how RPX can help your company manage patent risk at every level.