Friday, November 10 2023   \  Published by Schwegman Lundberg & Woessner..

China’s National Intellectual Property Administration Releases Guidelines on Subject Matter Eligibility of Utility Model Patents

China’s National Intellectual Property Administration Releases Guidelines on Subject Matter Eligibility of Utility Model Patents

On November 2, 2023, China’s National Intellectual Property Administration released the Guidelines on Subject Matter Eligibility of Utility Model Patents (关于实用新型专利保护客体判断的指引). Utility model patents (UMs) are one of the three types of patents in China, the others being design and invention (similar to U.S. utility patents). UMs do not undergo substantive examination and therefore tend to grant quickly. However, the subject matter of UMs is limited to the “shape, structure or combination of a product that is suitable for practical use” per Article 2, Paragraph 3 of the Patent Law. The newly released Guidelines go into detail of what this includes. Read more

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