Invention, Utility Model or Design?
Short answer: block a technical solution or a function with an invention patent; block a structural improvement and want a fast granted right, use a utility model; block the product's shape, pattern or colour combination, use a design patent. They protect different layers, are examined differently, and therefore differ in speed and in how hard they are to invalidate.
How we work
Technical solution, structure and shape, or outward appearance — identify which layer a copycat actually steals
Inventions undergo substantive examination: slower but far more stable. Utility models and designs are registered after preliminary review only
Close launch dates favour designs and utility models; long-life core technology favours inventions
File in China first to fix the date, then enter the US, EU and other markets within 6 or 12 months, or use PCT to defer
Keep development records, first-disclosure and first-sale dates for later enforcement and invalidity fights
What you need to prepare
- Technical disclosure with structure, principle, drawings and working examples
- Product images or design views from every angle
- Proof of first public disclosure, listing or exhibition date
- Applicant entity details and inventor list
- Earlier application documents and dates if priority is claimed
Frequently asked questions
Which lasts longer, an invention or a utility model?
The invention: 20 years, versus 10 for a utility model and 15 for a Chinese design patent, all measured from the filing date. The invention also takes longer to grant because it is substantively examined, which is exactly why it survives attack better.
What is the double-filing strategy?
File an invention and a utility model for the same product on the same day. The utility model grants quickly and gives you something enforceable now; when the invention is ready to grant you give up the utility model to avoid double protection. It is standard practice for structural hardware products.
Design patents are not examined for novelty. Are they still worth filing?
Yes. They grant fast and cheap, and platform complaints and customs recordation look for a certificate. The real risk is invalidity, so run a prior-design search before filing and keep records of your creation and first disclosure.
What combination do cross-border sellers usually run?
Brand name as a trademark, product appearance as designs in China, the US and the EU, structural improvements as utility models, and only genuine technical advances as inventions or PCT filings. When the budget is limited, rank by sales volume and how easily the item can be copied.
Want an assessment first?
Tell us the product and target marketplaces and we will give you a registrability opinion, a realistic timeline and a cost breakdown. Files can be submitted within 48 hours of confirmation.
