Application and Rights
How many types of industrial property rights exist in China?
Updated: Dec 29, 2018
sipo.gov.cn
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There are three kinds of industrial property rights in China, including patent, trademark and copyright. Patent is composed of "patents for invention", "patents for utility model" and "patents for design".
What is the difference between three kinds of patents?
The Rule 1 of Chapter one of the Implementing Regulations of the China Patent Law says that invention means any new technical solution relating to a product, a process or improvement.
According to the rule 2 of Chapter one of the Implementing Regulations, utility model in the China Patent Law represents any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.
Design, in the word of the China Patent Law, means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.
