Utility Model Patents: An Overlooked Chinese IP Right

Law360 (August 28, 2019, 12:20 PM EDT) -- Chinese utility model patents are often overlooked by U.S. applicants when filing patent applications in China. This might be due to a lack of familiarity with them, as the U.S. patent system does not separately provide a similar intellectual property right, and many inventions may not qualify for a UM patent due to limited subject matter eligibility.

The China National Intellectual Property Administration grants UM patents only for products. The products "shall be objects manufactured by industrial methods, having definite shape and structure, and occupying a certain space."[4] Accordingly, methods, chemicals or computer-readable medium claims are not subject-matter eligible for UM...

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