Can China's Utility Model Patent still be guaranteed to obtain the certificate?

Miir Chan 2020/09/09

        The recent trade war between China and the US continues to stalemate. The cause was the dispute over intellectual property rights between China and the US, which triggered subsequent global trade wars. The Chinese government also paid more attention to the importance of IP rights in this incident. Therefore, the Chinese government has put forward the requirement of "promoting steady progress and high-quality development in the intellectual property industry." The so-called "progress" means "improving the quality of patents."

        In China's patent application system, the most amended is the review standard of utility model. In China's patent application system, the most amended is the review standard of utility model. In the review of utility model patents, it has only undergone formal review in the past, and the process was too arbitrary, resulting in insufficient quality of patent rights.

        Hence, the Intellectual Property Office of China has recently promulgated policies such as the [Implementation Plan for Patent Quality Engineering], [Notice on Special Supervision on Patent Application Related Policies] and [Regulations on Regulation of Patent Application Behavior]. At the same time, we clarify the review workflow from multiple aspects such as agency, review, protection, and application to ensure effective implementation of the system, so as to achieve the effect of improving the patent quality of patent applications throughout the mainland.

        With this change, the patent examination process in China has become more stringent. In addition to using artificial intelligence to compare whether the case is too similar to others, it also conducts a strict review of the "novelty" and "progressiveness" of the applied cases which greatly increase the difficulty of applying for approval. To sum up, it is no longer possible to achieve "guaranteed certification" when applying for a utility model patent in China. Applicants need to be more cautious in handling the review requirements for utility model cases in the future.


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