Utility Model Patent: An Essential and Improving Patent Scheme in China

Authors

• Victor Wang, Benjamin N. Cardozo School of Law

Abstract

The note argues that China's utility model patent (UMP) system, despite criticism, serves as a beneficial tool for both domestic and foreign inventors, particularly small and medium-sized enterprises (SMEs). While commentators often view the UMP as detrimental to innovation policies, the system's low inventiveness threshold, quick file-to-grant process, and affordability make it a practical solution for protecting incremental inventions. The note contends that the UMP aligns with China's current status as a developing nation and supports its innovation ecosystem, contrary to claims that it hinders progress.

Disciplines

Comparative and Foreign Law | Intellectual Property Law | International Trade Law | Law

Recommended Citation

Victor Wang, Utility Model Patent: An Essential and Improving Patent Scheme in China, 23 Cardozo J. Int'l & Comp. L. 695 (2015).
Available at: https://larc.cardozo.yu.edu/cjicl/vol23/iss3/8