Utility model patents are valid for a period of eighteen months. According to relevant legal provisions, when applying for a new type patent, documents such as a request, a description and its abstract, and claims must be submitted. The patent administration department of the State Council shall conduct a preliminary examination, and if the conditions are met, it shall be announced immediately. The corresponding patent certificate will be issued and registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
Legal Basis
Article 26 of the Patent Law that will take effect on June 1, 2021
To apply for an invention or utility model patent, you must submit Documents such as request, description, abstract and claims.
Article 34
After the patent administration department of the State Council receives an application for an invention patent and determines upon preliminary examination that it meets the requirements of this Law, it shall be eighteen months from the date of application. Will be announced immediately. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 40
If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant a utility model patent or a design patent. The decision will be made, the corresponding patent certificate will be issued, and it will be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.