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Patent Application Guide
Patents in China are categorized into three main types: Invention Patents, Utility Model Patents, and Design Patents.
Each type offers distinct protection, especially relevant to software - related innovations. Here is a detailed overview to help you navigate the patent application process effectively.
1. Patent Types and Their Relevance to Software Protection
Patent Type | Protection Scope | Suitable Software Scenarios | Examination Period |
Invention Patent | Technical solutions (methods, algorithms, systems) | Innovative software algorithms, data processing methods (e.g., AI models) | 2 - 3 years |
Utility Model Patent | Improvements to the shape or structure of products | Devices combining software and hardware (such as control modules for smart devices) | 6 - 12 months |
Design Patent | Product appearance design | Software UI interfaces (must be applied in combination with hardware) | 4 - 6 months |
4. Costs and Protection Periods
Patent Type | Official Fees (After Deduction) | Protection Period |
Invention Patent | Application Fee: 560 RMB + Substantive Examination Fee: 2,500 RMB | 20 years |
Utility Model Patent | Application Fee: 500 RMB | 10 years |
Design Patent | Application Fee: 500 RMB | 15 years (since 2021) |
Whether you aim to protect a groundbreaking software algorithm, a unique hardware - software integrated device, or an innovative product design, understanding these details is crucial for a successful patent application. If you need professional assistance throughout the process, our team of experts is ready to provide comprehensive support, from initial assessment to final authorization.
