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China Patent Protection — Invention, Utility Model & Design Patents

China grants three types of patents: invention patents (20 years), utility model patents (10 years), and design patents (15 years). Foreign applicants must file through a registered Chinese patent agent.

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Patent Types

  • Invention patent (????) � 20-year term. Substantive examination (2�4 years). Protects products, processes, and methods.
  • Utility model patent (????) � 10-year term. Formal examination only (6�12 months). Protects product structures and shapes.
  • Design patent (????) � 15-year term. Formal examination. Protects product appearance and patterns.

Enforcement

Patent holders can enforce through administrative complaints (faster, cheaper) at local IP offices, or civil litigation in specialized IP courts. Statutory damages up to RMB 5M, punitive damages up to 5x for willful infringement.

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