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China Patent Protection — Invention, Utility Model & Design Patents

China grants three types of patents: invention patents (20 years), utility model patents (10 years), and design patents (15 years). Foreign applicants must file through a registered Chinese patent agent.

Author China Law List Editorial · Reviewer China Law List Research Desk · Last reviewed · 1 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities
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Patent Types

  • Invention patent (????) � 20-year term. Substantive examination (2�4 years). Protects products, processes, and methods.
  • Utility model patent (????) � 10-year term. Formal examination only (6�12 months). Protects product structures and shapes.
  • Design patent (????) � 15-year term. Formal examination. Protects product appearance and patterns.

Enforcement

Patent holders can enforce through administrative complaints (faster, cheaper) at local IP offices, or civil litigation in specialized IP courts. Statutory damages up to RMB 5M, punitive damages up to 5x for willful infringement.

Quick answers

FAQ

What patent types exist in China?

Invention, utility model, and design patents are the main types, with different examination depth and term. Strategy depends on technology lifecycle and enforcement goals.

Where can I find patent lawyers?

Browse intellectual property lawyers and the IP law guide on China Law List.

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