Application and Rights

Are Chinese patents for invention and patents for utility model subjected to substantive examination?

Updated: Dec 28, 2018 SIPO ENGLISH Print
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Patents for invention are substantively examined (novelty, inventive step and industrial applicability).

Patents for utility model do not undergo a substantive examination but only a preliminary examination (compliance with formal requirements). However, in invalidation procedures the requirements of novelty, inventive step and industrial applicability will be determined.

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