Wednesday, September 14 2022   \  Published by DJ Supra.

Patent Dual-application Strategy in China

Patent Dual-application Strategy in China

Dual-application in China specifically refers to the applications filed both for utility model and invention patent based on the same invention-creation on the same day.

In China, both the invention and utility model are considered as patent. The advantage of Dual-application is that the examination period for utility model in China is short and the patent right can be obtained early. When the subsequent corresponding invention with the same protection scope is granted, the applicant needs to abandon the previously utility model right to avoid double patenting, but this ensures that the patent right protection continues from utility model to invention.

Filing Dual-application is applicable for incoming applications via Paris Convention or the applications filed in China for the first time. It is not applicable for PCT entry. When entering China through PCT, you have to choose only one type, either invention or utility model. Read more

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