PRACTICAL GUIDE · PATENTS

Invention, utility model or design in China?

The first useful question is what aspect of a product or process you want to protect. This overview helps prepare a discussion with a qualified China patent professional; it cannot determine patentability.

Start with the subject matter

An invention discussion normally begins with a technical solution. A utility-model discussion is typically relevant to the shape or structure of a product. A design discussion focuses on a product’s appearance. One commercial product can raise more than one of these questions, but the application materials and legal tests differ. Avoid assuming a route from a product label alone.

Possible routeInitial questionWhat to prepare

InventionWhat is the technical idea and how does it work?High-level technical problem, solution, inventor and prior-disclosure history.

Utility modelIs the relevant technical solution embodied in product shape or structure?Product structure, drawings and comparison with what existed before.

DesignWhich appearance features should be protected?Consistent product views and a description of the visual features.

Keep disclosure and ownership facts together

Before sharing full technical material, record any publication, sale, exhibition, supplier disclosure or earlier filing date. Identify the inventors, the company that should apply and any assignment or employment issue. Date and ownership errors can be difficult to repair later. In the first website enquiry, state only that a disclosure or deadline may exist—do not paste unpublished invention details.

Understand the representative’s role

China’s patent-law framework requires certain foreign applicants without a regular residence or business site in China to use a legally established patent agency for patent matters. The qualified filing party, scope and responsibilities should be identified before engagement. Ask what work is included: technical drafting, translation, drawings, official filing, examination responses and later maintenance may be separate stages.

What to send in a first brief

Applicant’s legal name and country; inventor names if known.
A non-confidential one-paragraph description of the product or innovation.
Which aspect matters: function, structure, appearance, or several.
Any earlier application or public disclosure and its date.
Whether a PCT application already exists and whether China entry is being considered.

Use the preparation tool ↗ Ask a high-level question →

Sources and review boundary

See the CNIPA English patent-law translation (2020 amendment) and current CNIPA materials. Checked 10 October 2026. This is general orientation; statutory text, implementing rules, examination guidance and case facts require current professional review.