Patent Application Type Selection and Protection Strategy Guide

China has three patent types: invention, utility model and design, differing in protected subject matter, examination standards and terms. Correct type selection is the first step in IP protection.

1. Invention Patents

Protect technical solutions (products, methods or improvements), requiring substantive examination over ~1.5-2 years, with a 20-year term. Invention patents have the highest value and are preferred for High-tech Enterprise recognition and patent financing. Suitable for core technology and innovative methods.

2. Utility Model Patents

Protect product shape, structure or combinations, with only formal and preliminary examination over ~6-8 months, 10-year term. Fast grant and low cost, suitable for structural improvements, but do not protect methods or shapeless products.

3. Design Patents

Protect new aesthetically pleasing industrial designs of product shape, pattern or color, with ~4-6 month examination, 15-year term. Suitable for product appearance, packaging design and GUI interfaces.

4. Combined Protection Strategy

Use "invention + utility model" dual filing: submit both on the same day; utility model grants first for quick protection, then is abandoned upon invention grant, bridging fast and long-term protection. Core products should also include design patents for full coverage.