Utility
y Model System
y
in China
April,
April 2012
Outline
I Background of Utility Model System and Statistics
II Introduction of Utility Model System
III Significance of Utility Model System in China
2
Ⅰ Background of Utility Model System
and Statistics
1.Background of Establishment
(1)Utilit model
(1)Utility
d l systems
t
iin world
ld b
before
f
1984
1891
1905
Germany Japan
1984
Italy Spain
Italy,
Spain, Brazil
Brazil, Korea
Korea, France,
France
Australia, etc.
China
3
Ⅰ Background of Utility Model System
and Statistics
1.Background of Establishment
(2)National economic and innovation climate in China
in early 1980s
 Reform and Open door policy----Investment and
technology from abroad
 Domestic innovators----Limited by financial and human
resources for research and develpoment
 Domestic innovation activities----Incremental innovations
4
Ⅰ Background of Utility Model System
and Statistics
1.Background of Establishment
(3)P t t L
(3)Patent
Law enacted
t d iin Chi
China iin 1984
 Invention patent
 Utility Model patent
----To encourage domestic IP innovators and protect
small inventions
 Industrial Design patent
5
Ⅰ Background of Utility Model System
and Statistics
2.Statistics of Utility Model
(1)The volume of applications for three kinds of
patents (2007~2011)
600000
500000
400000
patent
300000
utility model
200000
industrial design
100000
000000
2007
00
2008
008
2009
009
2010
0 0
2011
0
U. M. Applications in 2011: 585,467 (408,110 granted)
6
Ⅰ Background of Utility Model System
and Statistics
2.Statistics of Utility Model
(2)Composition of domestic and foreign applications
(2011)
0. 7%
99. 3%
Domestic
applications
Foreign
applications
li ti
7
Ⅰ Background of Utility Model System
and Statistics
2.Statistics of Utility Model
(3)Foreign applications for Utility Model (2007
(2007~2011)
2011)
4500
4000
3500
3000
2500
2000
1500
1000
500
0
2007
2008
2009
2010
2011
8
Ⅰ Background of Utility Model System
and Statistics
2.Statistics of Utility Model
(4) Foreign Applications from Major originating
Countries (2007~2011)
1600
1400
1200
JAPAN
1000
U.S.A
GERMANY
KOREA
SWITERLAND
800
600
400
200
0
2007
2008
2009
2010
2011
9
Ⅰ Background of Utility Model System
and Statistics
2.Statistics of Utility Model
(5)Utility model application examination period
 Average examination period in 2011
0
4.6
months
Filing date
Making a decision
t grantt patent
to
t t right
i ht
10
Ⅱ Introduction of Utility Model System
Contents
1 Subject Matter
P li i
Examination
E
i ti
2 Preliminary
E l ti
Report
R
t off P
Patent
t t
3 Evaluation
4 Main Differences with Invention System
11
Ⅱ Introduction of Utility Model System
1.Subject Matter
(1)Definition of utility model in CPL(A2.3)
"Utility model" means any new technical solution
3
relating to the shape, the structure, or their
2
combination, of a product, which is fit for practical
use
use.
1
All the processes are not the subject matter
Three elements in the definition
12
Ⅱ Introduction of Utility Model System
(1)Definition of utility model in CPL
1
Three
elements
Only products can be granted patent
for utilityy model
2
Utility Model shall include the
i
improvement
t relating
l ti tto th
the shape,
h
structure, or their combination of a
product
3
The technical solution are adopted
problem in
to solve a technical p
observance of the laws of nature
13
Ⅱ Introduction of Utility Model System
 Shape
p of a p
product
Certain space-shape, can be
observed from the outside
Non-fixed shape possessed by a product:
Materials in p
powder state,, liquid
q
state,, etc.
14
Ⅱ Introduction of Utility Model System
 Structure of a product
p
The arrangement, organization and
correlation of each part of a product
Molecular structure, component of a substance, etc.
15
Ⅱ Introduction of Utility Model System
1.Subject Matter
(2)U
(2)Unpatentable
t t bl subject
bj t matter
tt according
di tto A5
Any invention that is:

contrary to the laws

contrary to social morality

detrimental to public interest
16
Ⅱ Introduction of Utility Model System
1.Subject Matter
(3)U
(3)Unpatentable
t t bl subject
bj t matter
tt according
di tto A25

Scientific discoveries;

Rules and methods for mental activities;
Methods for the diagnosis or for the treatment of
diseases;


Animal and plant varieties;
Substance obtained by means of nuclear
transformation;


Designs of two
two-dimensional
dimensional printing goods
goods,.......
17
Ⅱ Introduction of Utility Model System
2. Preliminary Examination
(1) Preliminary examination
Where it is found after preliminary examination that
there is no cause for rejection of the application for a
utility model, ……shall make a decision to grant the
patent right
p
g for utility
y model……
18
Ⅱ Introduction of Utility Model System
(2) Scope of Preliminary Examination
Formality exam. of
application
documents
Exam. on Obvious
substantive
defects
Preliminary
Examination
Formality exam.
exam of
other
documents
Exam. On
Exam
relevant fees
19
Ⅱ Introduction of Utility Model System
Examination on obvious substantive defects
Description
Drawings
•Clarity,
completeness
completeness,
and enablement
•Drawings of
the shape
and⁄or the
structure of the
product
Claims
•Subject matter
•Clarity,
conciseness
•Unity
•Support
•Practical applicability
•Amendment
•Divisional application
20
Ⅱ Introduction of Utility Model System
(3) Examination Procedure
General flow chart
Filing an Application
Receiving
Cl
Classification
ifi ti
Rejected
Preliminary Examination
Reexamination
Grant of Pat. & Publication
P t
Post-grant
tP
Protection
t ti
Court
Invalidation
Reexamination Board
21
Ⅱ Introduction of Utility Model System
(3) Examination Procedure
Invalidation procedure
Utility
model
Patent
Anyone doubts
the patentability
Re-examination board
Time: After the date of the publication of the grant of the
patent right
P titi
Petitioner:
A entity
Any
tit or individual
i di id l
22
Ⅱ Introduction of Utility Model System
3. Evaluation Report of Patent
(1)Introduction of the evaluation report
2001
2009
Year
The second revision
of patent law:
The third revision
of patent law:
Search report
Evaluation report
23
Ⅱ Introduction of Utility Model System
3. Evaluation Report of Patent
(2)Time and Petitioner
Time: After the announcement of the decision
t grantt a patent
to
t t for
f utility
tilit model
d l
Petitioner: Patentee or interested party
24
Ⅱ Introduction of Utility Model System
3. Evaluation Report of Patent
(3)Contents
Search report
Novelty
 Inventiveness

Evaluation report
Subject
S
bj t matter
tt
 Novelty
 Inventiveness
 Practical applicability
 Support
 Clarity of claims
 Clarity, completeness,
enablement of description
 Double patented
 Amendment

25
Ⅱ Introduction of Utility Model System
3. Evaluation Report of Patent
(4)The legal nature of an evaluation report
An evidence for hearing or handling the patent
infringement dispute
(5)The Purpose of the evaluation report
Avoiding abuse of the patent right
Encouraging public inspection
26
Ⅱ Introduction of Utility Model System
4. Main Differences with Invention System
(1)Subject matter
matter, Exam
Exam. system and Duration
Invention
Subject
matter
Exam.
E
system
Protection
term
Utility Model
Product and process Product only
Early
E
l publication
bli ti and
d
Preliminary
delayed substantive
examination
examination
20 years
10 years
27
Ⅱ Introduction of Utility Model System
4. Main Differences with Invention System
(2)Novelty Inventiveness and Practical applicability
(2)Novelty,
Invention
Absolute
Ab
l t novelty
lt
principle
Inventiveness Has prominent
substantive Features,
standard
Represents a
notable progress
Practical
Can be made or
pp
y
p
applicability
used,, can produce
effective results
Novelty
Utility Model
Absolute
Ab
l t novelty
lt
principle
Has substantive
H
b t ti
features,
ep ese ts p
progress
og ess
Represents
Can be made or used,
can p
produce effective
results
28
Ⅲ Comparison with Utility Model
y
in DE,JP,KR,AU
, , ,
Systems
Subject Matter
China
Germany
Japan
Korea
Australia
Shape,
structure or
their
combination
of products
Any inventions
except for
inventions
relating to
process and
biotechnological
inventions
Shape,
construction,
or their
combination
of devices
Shape,
structure, or
their
combination
of devices
Any inventions
except for
human beings,
animals,
plants and
process of
their
generation
29
III Significance of Utility Model System
in China
1.Protect the Invention-Creations
 Be a complementary patent system to invention
 Provide protection to small innovations
30
Ⅳ Significance of Utility Model System
in China
2. Provide Fast and Low Cost Protection
R id granting
Rapid
ti and
d ffastt protection
t ti due
d to
t
preliminary
p
y examination
 Low cost due to cheaper patent fees
31
32