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- Is a China patent basically same as one in western countries?
- What is the difference between a "Design Patent" and an "Utility Model Design Patent "?
- How long does it take to obtain a patent in China?
- In your opinion, can a patent or trade mark in China really protect our intellectual properties?
- (Is a China patent basically same as one in western countries?) --- Yes and no. Yes as both are intended to protect intellectual properties of a certain individual. No, as China does not practise common law like most western countries, legal procedures will be different. When it comes to taking legal actions concerning patents, we would recommend our client to hire both a common law system lawyer and a local Chinese one. We can recommend either one or both if necessary. (Back to Top)
- (What is the difference between a "Design Patent" and an "Utility Model Design Patent "?) --- A "Design Patent" refers to the general outlook of a product, e.g., a flower vase with a certain pattern on it, or model of a horse, etc. The "Utility Model Design" concerns more on the functionality of a design, e.g., mechanism for a toothpick ejector, a cotton candy machine etc. (Back to Top)
- (How long does it take to obtain a patent in China?) --- it would take about 6 months to obtain a "Design Patent", and about 1 year for a "Utility Model Design Patent ". (Back to Top)
- (In your opinion, can a patent or trade mark in China really protect our intellectual properties?) --- Absolutely. The court would generally favour the side with a valid patent or trade mark. It will certainly act as a good reason for people to think twice before they try to copy your design. (Back to Top)
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