#utility model

Compared with invention patents, it is much cheaper to file a utility model in China.

Filing Fees for Utility Model Patents

Miscellaneous Fees for Utility Model Patents

Annuities for Utility Model Patents

According to the Chinese Patent Law, there are three types of patent applications which can be filed with the China National Intellectual Property Administration (CNIPA), namely invention applications, utility model applications, and design applications.

What documents should the applicant submit for invention applications?

Request for filing Chinese invention application

Claims

Specification, including technical disclosure, background information, the content of invention, description of the figures, and specific embodiments.

Figures

Abstract

Figure accompanying the Abstract (for national applications entered by PCT route)

What documents should the applicant submit for utility model applications?

Request for filing Chinese utility model application

Claims

Specification, including technical disclosure, background information, the content of invention, description of the figures, and specific embodiments.

Figures

Abstract

Figure accompanying the Abstract (for national applications entered by PCT route)

What documents should the applicant submit for design applications?

Request for filing Chinese design application

Claim (One claim)

Specification, describing the tile, the use, the major design point, and designating a figure which can show the major deign point clearly.

Figures, including front view, rear view, left-side view, right-side view, top view, bottom view and perspective view.

utility model patent | Brealant

Speaking about the German Utility Model, this is one type of legal right for different technical inventions. This is used to offer the proprietor or the inventor an exclusive legal right to the invention. Once done, without the product's actual owner's consent, one can't manufacture, offer or place the product on the market.

Speaking more about it, the validity of this model is three years. However, you can renew it for up to 10 years. On the other hand, you should remember that this model's protective effect or application is only limited to the area of the Federal Republic of Germany.

Some important reasons to file this model application

1. The cost is low.

You don't have to spend a lot of money to file for the German Utility Model. There are some service providers who can do that for you at around 400 EUR. The cost will cover all the things, like the cost of form filling, submission to the grant, etc. 

2. The process is fast.

Want to register your products fast? With this model, you can get it done. You can get a legal grant for your utility model within a few weeks. So, apply for it now. 

3. One-stop solution for protection

If you want perfect protection for your different inventions in Europe, Germany is an ideal market. Germany is the biggest market in Europe and is a primary jurisdiction for patent-related works. 

4. This is reliable protection.

With this, you can quickly get the same protective features that you will get with your standard patent. 

How can you register a utility model?

Your German Utility Model application can be quickly submitted to the GPTO- German Patent and Trademark Office. Your documents of the application should include; at least one claim, drawings of the invention and a description. For more information, you can always visit the official website of the GPTO. 

What can be subject to utility model registration? 

In Mexico, there are three figures that may be protected in the field of inventions: (i) patents; (ii) chamber of commerce models (modelos de utilidad); and (iii) industrial designs, linked to formational drawings and models. On this note, we pick discuss their registration, which entails the issuance of an suppressive right to an invention, allowing the owner to prevent non-authorized commercial fall back of the protected invention by a semitone party replacing a slim time period. According to its basic definition, which may vary according into the belt providing the protection, a utility rough out is similar to a patent. They are sometimes called "petty patents" baton "innovation patents." The Mexican Intellectual De jure Law (Ley de la Propiedad Industrial) defines them as the "objects, utensils, apparatuses or tools that display a different assignment via respect to their parts or utility being a result of a modification to their design, configuration, structure or put together." The main differences between a utility model and a patent are the resulting: <\p>

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1. The requirements to be the thing a imitation model are less strict than those to have a patent. While the "novelty" requirements must always be met, the requirement with "germinal activity" is riot increasingly lax or does not exist for business establishment models. Way in shakedown, foresight by means of a utility model is used for minor innovations that may not satisfy the patentability criteria;<\p>

2. The term of protection is shorter in other ways that upon patents and varies consistent with country (most often varies between seven on route to breathing years), with Mexico having a term upon ten years; <\p>

3. It is and also economical to obtain and presume these than patents. In some countries, protection by means regarding utility models may unparagoned move obtained intake certain fields in point of technology and only applies to products and not processes. <\p>

Since this nature is not recognized ingressive everything that is countries, yourselves is worth determining whether the country in which the item will be used in recognizes the concept before attempting up to register such.<\p>

China ready to transform rich resources into tangible value

Shen Changyu insists that intellectual property plays a pivotal role in China's innovation-driven development.

The commissioner of the State Intellectual Property Office made the statement ahead of the Summer Davos forum that opens in Dalian, Liaoning province, on Wednesday.

"IP provides the primary impetus for innovation," he said.

The theme of this year's Summer Davos - charting a new course for growth - corresponds with China's new innovation-driven development path.

"Protecting IP is equivalent to guarding innovation and making full use of the IP system encourages innovation," Shen quoted Premier Li Keqiang as saying.

"IP is a bridge linking research to the market. It is the key to transforming technology expertise to industrial and economic strength," the commissioner said.

That partially explains why the central government attaches significance to the IP system and is trying to make it a fundamental guarantee to motivate innovation, he said.

At a meeting at the end of last year, President Xi Jinping noted that technological progress and comprehensive innovation need be given more attention amid the new normal of slower yet higher-quality economic growth.

The central government issued a policy dedicated to accelerating innovation-driven growth in April.

"Protection and use of IP will spur our people into creation and startups, thus providing better support for the innovation-driven development," said Shen, who is also a member of the Chinese Academy of Sciences. Shen and his team developed the visor for the helmet used by the astronauts in China's Shenzhou-7 spacecraft in 2008, before he was named SIPO commissioner at the end of 2013.

Data shows that China topped the world in terms of the number of invention patent applications for four consecutive years, with 928,000 filings in 2014, a 12.5 percent rise from a year earlier.

The nation has ranked first worldwide in terms of volume of trademark applications for 12 consecutive years, with more than 1.88 million filed in 2014, accounting for 41 percent of the world's total.

The country is also at the world's vanguard in other IP sectors, such as industrial designs, registered copyrights and new plant varieties.

However, contrast with such a large IP stockpile, the number of high-quality patented technologies are still small. "We are in urgent need of a change from being a large filer to a strong powerhouse, from growing bigger to building up muscles," Shen said.

The State Council set a clear goal of building China into a strong IP country in an action plan for further implementing the national IP strategy for 2014-2020, which the cabinet released at the end of last year.

As one of the campaigners for change, Shen said that the new goal is an inevitable choice for China's IP development and responses to the realistic demand for the country's economic and social development.

A number of quantifiable indexes, such as IP-intensive industries' contribution to GDP, core patents, invention patent ownership per 10,000 people and well-known trademarks can be factored into the judgment of whether a country is counted as an IP powerhouse, he said.

"Besides such globally common references, we also need to look to the development circumstances our country is in," he said.

Without considering the real situation in China, the goal of building an IP powerhouse would lose its root, Shen said.

A top priority

 The question of how to transform the rich IP reservoir into real production capacity is a priority for SIPO, the commissioner said.

The office is drafting and campaigning for the revision of the Patent Law and the Service Invention Regulations.

The draft of the former, which has been submitted to the State Council for approval, includes added articles for patent industrialization and use. The draft of the latter has actionable provisions of patent ownership, interest allocation and rules concerning patent transactions and industrialization.

"We are advancing the reform in the use, disposition and yield management of research achievements, and trying to build up a sound mechanism for interest allocation in a bid to increase motivation in creation and industrialization," Shen said.

At the same time, SIPO, in cooperation with other entities, including the Ministry of Finance and the Beijing municipal government, invested 1 billion yuan ($157 million) in building public patent service platforms to facilitate trusteeship, transactions, IP-collateralized financing and industrialization.

"Also, we are exploring the setting up of funds designed for IP industrialization, commercialization and patent-collateralized financing risk compensation," he added.

Global adventure

Data from the World Intellectual Property Organization shows that China contributed more than 25,500 international patents filed through the Patent Cooperation Treaty to 215,000 PCT fillings worldwide in 2014, ranking third in the world. This marked an 18.7 percent increase and made China one of the fastest growing countries and the only one in the world to achieve a double-digit growth.

Huawei Technologies, a high-tech Chinese company, replaced Panasonic from Japan to rank atop the global PCT chart, with 3,442 filings, while another telecommunication giant, ZTE, took third place.

As more Chinese players compete in the international arena, increased IP awareness and capacity are essential to their "faster, steadier and farther" overseas trips, Shen said.

He suggested domestic companies increase research and development expenditure to sharpen their edge and pay particular attention to filing patents and trademarks in targeted markets.

Conducting evaluation and analysis of the IP environment in the targeted markets and dealing with overseas IP disputes will help them navigate their overseas adventures more smoothly, he added.

The Internet is another cross-border field faced with IP disputes.

Online trade has seen "explosive growth" momentum in recent years, yet due to difficulties in tracking down online infringement evidence, IP protection faces increasing complexities, Shen said.

SIPO is enhancing enforcement targeted at online infringements, he said.

Protection of Utility Model in Vietnam

SBLAW would like to introduct the procedure of filing utility model in Vietnam as follows:

  1. Criteria for protection of utility model (utility solution) under the Vietnam IP Law:

Novelty

Industrial applicability

2. Time Frame of utility solution (utility model) application in Vietnam as follows:

A Vietnam utility model (utility solution) shall be passed through three stages:

Time Frame