1. The utility model shall be a product, a method or an improved new technical scheme;
2. Novel, creative and practical;
3. The applicant has full capacity for civil conduct and is qualified to apply for a patent;
4. Other conditions for granting a patent for utility model.
legal ground
Article 2 of the Patent Law of People's Republic of China (PRC)
Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 22
Inventions and utility models granted patent rights should be novel, creative and practical.
Article 45
Since the date when the patent administration department of the State Council announced the grant of the patent right, any unit or individual may request the patent administration department of the State Council to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.