Filing UM and Invention Simultaneously in China
For “products” (generally, mechanical inventions), Applicants can file both a utility model (UM) and invention patent simultaneously.The advantage of filing both UM and invention patent applications is that the UM will grant quickly (usually within 6 – 12 months since not substantively examined) thereby providing some patent protection while the invention patent application is undergoing examination, which can take several years. Note though UMs are only valid for 10 years from filing and do not protect methods. Invention patents are generally considered more valuable than UMs since they last 20 years from filing and have a broader protection scope (i.e., can claim methods).
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