Ollyy / Shutterstock.com
Amendments to SIPO’s guidelines for the examination of utility patents may help stop the proliferation of ‘junk’ utility models in China. Wolfgang Bublak and Yingkun Brunner report.
China has, historically, been comparatively weak in the fields of science and technology innovation, not least in the life sciences. The inventions and creations of many small and medium-sized enterprises were of a low standard technically, and the majority were of limited importance.
For this reason, the Patent Law of the People’s Republic of China provided for three different types of patent: invention patents, utility model patents and design patents.
Of these, the initial purpose of the utility model was to protect those small inventions and creations for a minimum of 10 years. Because innovation was comparatively weak, there was a lower standard for novelty and innovation than that set for an invention patent. An amendment to the Patent Law in 2008 raised the standard for novelty to the same level as for an invention patent, but for innovation the lower standard remained in place, as it does today.
You need a subscription to continue reading this content.
To access the full archive, digital magazines and special reports you will need to take out a paid subscription.
News stories up to a week old and feature articles on the day of publication are accessible with a BASIC FREE ACCOUNT.
If you have already subscribed please login.
If you have any technical issues please email tech support.
For access to the complete website, archive, and to receive print publications, choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial with full access, select ‘TWO WEEK FREE TRIAL’; and for basic access to the latest news on the website and weekly email news alerts choose the 'BASIC FREE ACCOUNT' registration.
SMEs, patent law, China patent law, SIPO