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Practice Areas | China IP Practice | Q & A |
 | 2. What is the definition of an invention patent in China? | | |  | "Invention" as stipulated in the Patent Law means any new technical solution relating to a product, a method or an improvement thereof.
First, an invention is characterized in that it is a new technical solution and in particular is a new technical solution which solves problems in producing, scientific researching and testing by using nature laws.
Second,inventions can be divided into two categories, product inventions and method inventions. The product inventions include all the articles created by human beings, and the method inventions include all the methods generated through inventive creation by using nature laws.
The method inventions can be further divided into two categories, manufacturing methods and operating methods. Additionally, an invention protected by the Patent Law can also be an improvement of the products or methods in the prior art. | | | | 3. What is the definition of a patent for utility model in China? | | | | "Utility model" as stipulatedin the Patent Law of the People's Republic of China means any new technical solution relating to a product's shape, structure, or a combination thereof, which is fit for practical use. A utility model is different from an invention in two aspects. First, the utility model is limited to any product with a certain shape, rather than any method or any product without a fixed shape; second, the utility model is only subject to the preliminary examination. | | | | 4. What is the definition of a patent for design in China? | | | |
A design refers to an industrial design, i.e. the pattern of an industrial article. It is distinct from an invention or a utility model. That is, the design is not a technical solution.
Article 2 of the Patent Law of the People's Republic of China specifies that "A design means any new design of a product's shape, pattern or a combination thereof, or a combination of the color and the shape or pattern of a product, which brings an aesthetic feeling and is fit for industrial application."
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