Timing
Utility models and designs are usually faster than invention patents. Invention examination time varies by field. Foreign entry needs official deadlines and translation time.
FAQ
Invention, utility model or design?
Methods and controls usually go to invention patents. Structural products may fit a utility model. Appearance is a design (industrial design). One product can support more than one filing.
We already sold the product. Can we still file?
Novelty is at risk. Sale, shows and online disclosure can destroy novelty except in a narrow 6-month grace period. File before you publish.
Is a prior-art search necessary?
Yes in practice. It is not only collision-checking: it shows the art, competitor filings and what is worth claiming. High-value technology should get a patentability analysis first.
Should claims be as broad as possible?
No. Broader claims are easier to attack. A useful patent balances scope, grant chance and commercial value.
Can we file invention and utility model together?
Often yes, for the same technical solution, to get an earlier utility-model grant while the invention is examined. It depends on the disclosure and launch date.
Does an Office Action (OA) mean refusal?
Usually not. OAs are common in invention examination. We answer novelty, inventive step, clarity or support — the point is a defensible scope, not a few word tweaks.
If the application is refused, is that the end?
Not always. Re-examination and further remedies may be available. Many refusals come from claim scope or response strategy, not from a worthless invention.
Is PCT an international patent? Can we still file abroad after China?
PCT is a procedure, not a granted world patent. Each national phase is examined locally. Plan foreign filing within the priority year if you have overseas markets.
Can one product support several patents?
Yes. Core technology as invention, structure as utility model, appearance as design. A small portfolio is often more robust than a single patent.
Does owning a patent mean we can sell the product?
Not by itself. Your patent says what you can stop others doing. Freedom-to-operate (FTO) analysis asks whether you infringe someone else’s patent.