Do you have to have something in kind to apply for a patent?
No, there are three kinds of patents in China: invention patents, utility model patents and appearance patents. Invention patents protect technology and methods, utility models protect structure, and appearance protects the external surface of products. To apply for a patent for appearance, you can take six views of the object, or submit the line drawing of the product to the State Council for protection. For inventions and utility models, you can apply as long as they can be manufactured, but you don't have to take out the real thing, but you need to submit the attached drawings when applying.