According to China's patent law, there are three kinds of patent applications that domestic and foreign applicants can file with China Patent Office: invention patent, utility model patent and design patent application. Inventions and utility models are applications for technical improvement, and applications for invention patents can protect product and method inventions; The application for a patent for utility model does not protect the method invention, but only protects the product and the improvement of its structure; An application for a patent for design only protects the appearance, shape, pattern or their combination and the combination with color of the product. Invention patents are granted for a long time, usually three to five years, but the granted patents are highly stable due to the need for substantive examination procedures; Patents for utility models and designs do not need to go through substantive examination procedures, so they can be granted quickly. Generally speaking, the utility model can be authorized within six to twelve months from the date of application, and the design can be authorized within about six months from the date of application. Patent Law Article 26 Patent Law Article 35 Patent Law Article 39
Legal objectivity:
Article 26 of the Patent Law Where an applicant applies for a patent for invention or utility model, he shall submit a written request, a specification and its abstract, a patent claim and other documents. Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.