Skip to main content

China Law Key Words · Intellectual Property

Patents

Securing and enforcing patent rights in China—invention, utility model, and design pathways, portfolio strategy, and litigation/administrative options.

  • Types invention · UM · design
  • File CNIPA pathways
  • Enforce courts & admin
  • Counsel directory

What patent practice covers

From invention disclosure to market enforcement

Types

Patent categories

Invention, utility model, and design—speed, examination, and strength trade-offs.

Strategy

Portfolio design

What to file in China first, continuations, and defensive publications.

FTO

Freedom to operate

Clearance searches before manufacturing or launch.

Enforce

Litigation & admin

Injunction themes, damages, and administrative enforcement options.

Start with these guides

Flagship explainers and practical orientation

Patent plan for China manufacturing

File where you make and where you sell

  • Capture inventions before disclosure Public demos and sales can destroy novelty.
  • Choose the right patent type mix Utility models can be strategic for speed in China.
  • Run FTO before tooling spend Injunction risk is a factory problem, not only a legal one.
  • Align employee invention rules Service invention ownership must be contractual and compliant.
  • Monitor competitors’ publications Opposition and invalidation windows matter.
  • Budget enforcement evidence early Notarised purchases and technical comparisons win cases.

Frequently asked questions

Orientation only—not legal advice

Is a US/EP patent enough for China?

No. Patent rights are territorial. China protection generally requires China filings (or valid PCT national phase entry).

Why file utility models?

Faster grant and tactical enforcement in some product categories—balanced against validity challenges.

Should everything be patented instead of kept secret?

Not always. Process know-how may be better as a trade secret if reverse engineering is hard.

When do we need a patent lawyer?

Portfolio strategy, FTO, or infringement disputes. Use the patent lawyer directory.

Need China patent counsel?

Connect with verified IP lawyers or start with the patent protection guide.

Directory and legal information only—not legal advice. No attorney–client relationship is formed by using this site. Rules and thresholds change; verify current requirements for your facts and jurisdiction.

Guides & articles

Practical writing from counsel and the portal editorial team on this topic