The China Patent Law protects three distinct categories of patents. "Inventions" include any new technology related to a product, process, or any improvement to a product or process. "Utility Models" include any new technology related to the shape or structure of a product. Finally, "Designs" relate to a new design of a shape, pattern or color of a product. Inventions have a patent term of 20 years from the date of filing, while utility models and designs are limited to a 10 year term.
While the three forms of patents are normally protected, the China Patent Law also explicitly excludes a number of things from. Scientific discoveries, rules and methods for mental activities, business methods, methods for diagnosis and treatment of diseases, animal and plant varieties, and substances obtained by means of nuclear transformation are barred protection.
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Finally, the China Patent Law includes a catchall that any patent "contrary to the laws of the State or social morality or that is detrimental to public interest," is also denied protection.
The next post in the series will cover patentability in
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