Chinese Patent Law recognized three types of patents: invention, utility models, or design. Invention patents are granted for new technical solutions or improvements to a product or process, utility models only protect products with a new shape or structural physical features, and design patents protect shapes or patterns of products. There are various differences between invention and utility models that our attorneys can advise you on prior to filing. Completing a prior art search before filing a new patent is vital to the success of the filing - it ensures that your invention, utility model, or design is novel.
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The timeline for being granted your patent depends on the type of patent you file. An invention patent is the most complicated and thus takes 3-5 years to be examined and granted, but it will be valid for 20 years; a utility model is usually granted within one year and is valid for 10 years; a design patent is also granted within one year and is valid for 10 years.
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