Procedures for Obtaining a Utility Model Patent
(1).Application
Any creation of technical concepts by utilizing the acts of nature, in respect of the form, construction or installation of an article may file for a utility model patent.
Necessary documents for filing a utility model application:
a).Application, including title of the invention, name of the inventor, name of the assignee (depends), and claiming priority (depends)
b). specification and drawings (you can submit a non-Chinese specification in filing, but you have to submit a Chinese translation in a given period)TOP
(2).Procedural Examination
An application document submitted to the TIPO will be checked to see whether it fulfills the necessary procedural and formal requirements. TIPO will ask you to correct while the application does not fulfill the requirements. Failure to submit a correction within a given period, the filing date will change to the date you submit the correction.TOP
(3).Formality Examination
Where a utility model claimed in a utility model application is considered, after the formality examination, to be under any of the following circumstances, a rejection decision shall be made:
‧Where the utility model is not related to the form, construction or installation;
‧Where the new utility is contrary to contravene public order and morality;
‧Where the manner of disclosing the utility model is contrary to the requirements for the specification and drawings;
‧Where the utility model claims more than one patentably distinct species; and
‧Where certain essential matters have not been disclosed in the specification or drawings, or the essential matters disclosed therein are obviously unclear.TOP
(4).Allowance
When the utility model application passes formality examination, a notice of allowance will be rendered to you.TOP
(5).Issue
The granted utility model will be published and a certificate will be issued only after the issue fee and the first year annual fee have been paid within three (3) months after you receive the notice of allowance; if the foregoing fees have not been paid upon expiry of the above-given deadline, no publication shall be made, and the patent right for said invention shall not exist ab initio.
You have to pay the annual fee every year to maintain your right.TOP
(6).Rejection
TIPO will submit a rejection decision while your utility model does not pass the formality examination, and you may make a correction, an amendment, or an argument to overcome the rejection.TOP
(7).Appeal
TIPO will submit a final rejection decision when the examiner does not accept your response, and you may, within thirty (30) days from the date the final rejection decision is served, apply for an appeal.TOP
(8).Intellectual Property Court
If you dissatisfied with the appeal decision, you may appeal to the Intellectual Property Court.TOP
(9).End of the right
The term of a utility model right shall ends with ten (10) years from the filing date of the patent application.TOP
(10).Invalidation
Any person may file an invalidation action together with evidence to TIPO against the patentability of a granted utility model.
While an invalidation action against a granted utility model is sustained, the utility model is revoked and the utility model right shall become non-existing ab initio.TOP
(11).Technical Evaluation Report
After a utility model claimed in a patent application is published, any person may apply to the TIPO for obtaining a technical revaluation report pertaining to the proposed utility model.
An application for a technical evaluation report regarding a proposed utility model may still be filed after the extinguishment of the utility model patent ipso fecto.
An application filed in accordance with the provisions of Paragraph One shall not be withdrawn.TOP | 
