# Three Key Considerations for Patent Applications in China Patent filing in China has similarities to Korean practice but important practical differences. Early decisions include the type of protection to seek, consistency in applicant names and claim drafting for computer-implemented inventions. Source: https://www.iplexlaw.co.kr/en/blog/1490776 HOME / NEWS & INSIGHTS NEWS & INSIGHTS Three Key Considerations for Patent Applications in China Patent filing in China has similarities to Korean practice but important practical differences. Early decisions include the type of protection to seek, consistency in applicant names and claim drafting for computer-implemented inventions. Overseas Patents 2026.06.15 published IPLEX 4 min read Patent filing in China has similarities to Korean practice but important practical differences. Early decisions include the type of protection to seek, consistency in applicant names and claim drafting for computer-implemented inventions. In this article, we will focus on three things that are often problematic in Chinese patent practice. China patent system The Chinese patent is largely divided into invention patent, utility model patent, and design patent. The Invention Patent The invention patent is the most similar to the general patent in Korea. It must meet the requirements of novelty, inventive step, and industrial applicability, and it is registered through a substantive examination. Duration is 20 years from the filing date. Technology related to core technologies or long-term business competitiveness is generally preferred to be protected through an invention patent. Utility Model Patent A utility model is a system that protects the shape and structure of a product or its combination. The invention of methods or pure software is not protected. It is possible to obtain the rights relatively quickly, as it is registered without a substantive examination, and the duration is 10 years from the date of application. In China, the use of utility models is very high, mainly in the manufacturing field, and the strategy of securing a number of utility models is also widely used to check competitors. Because utility model patents do not undergo the same substantive examination as invention patents, their validity may be more vulnerable to challenge. A combined strategy may use invention patents for core technology and utility models for eligible product structures. Design Patent The design patent protects the appearance of the product by its shape, pattern, color, or combination. For applications filed on or after 1 June 2021, the term is 15 years from filing; earlier applications retain the previous 10-year term. The first-to-file principle China follows a first-to-file system. Since it is not who invented it first, but who filed it first, it is important to establish an application strategy prior to the disclosure of the technology. Once technology is disclosed at exhibitions, investor presentations, buyer meetings, or online, a third party may attempt to file first. If China is a potential market, consider a Chinese or PCT application alongside the Korean filing strategy. The Importance of Name Management In China patent applications, the name of the applicant is not just a description, but a key element directly linked to the subject of the rights. For corporate applicants, it is important to use the same for patent applications if they have an official Chinese name in use in China. Even if the same company has different Chinese notation, it can be recognized as a separate entity, and the subsequent transfer of rights, licensing, and litigation can result in unnecessary burden of proof. Also, if you have a new Chinese name, you should not just consider pronunciation. Chinese characters carry distinct meanings, so a name chosen solely for its sound may introduce negative meanings or unintended associations. Therefore, it is advisable to review the following before filing. Whether to match an existing official Chinese name Meaning and associations of the Chinese character combination Possibility of use. Common perceptions in China Individual applicants will also need to consider whether the Chinese name is already in use, and whether the translation process does not have any negative meaning. Correcting names after an application is possible, but additional documents and procedures may be required, making it most efficient to manage them correctly in the early stages. Patent claims of computer program inventions The invention of computer programs is a field that requires special attention in Chinese patent practice. In China, pure software and algorithms themselves are not patentable in principle. However, if the program is combined with specific technical means to solve technical problems and generate technical effects, it may be protected by an invention patent. Therefore, the way to simply describe an algorithm or process is likely to be rejected. Practically, it is common to describe a program by combining the following elements: Server Terminal Network Storage devices Sensors and other hardware configurations Chinese examination also emphasizes the relationship between the technical problem and the technical effect. The invention must solve some technical problems, and it must be clear what technological effects result. Claims may be drafted in complementary categories, including methods, devices, systems, and computer-readable media, where supported by the disclosure. However, this should be fully supported in the patent specification phase, so if you are considering a Chinese application, it is important to reflect the Chinese practice from the initial writing phase. A Chinese patent application is not just a process of translating a national application. Patent type, first-to-file timing, consistent applicant names, and claim drafting for computer-implemented inventions all affect the acquisition and use of rights. In particular, as China is a very important country in the early application phase, it is necessary to minimize the risks that may arise in the future through full review of the application. If you are considering entering the Chinese market or protecting technology in China, it is advisable to develop a systematic application strategy based on an understanding of Chinese patent practice. Read the Korean source This article reflects the information available when it was published. Contact us to discuss your circumstances. Discuss this topic ↗ All articles ON THIS PAGE China patent system The Importance of Name Management Patent claims of computer program inventions TALK TO IPLEX Discuss your IP questions We consider your technology and business needs together. ↗ Contact us Newer UK Trademark Guide: Filing, Registration and Opposition ↗ Older Partial Designs: Protecting a Product’s Distinctive Features ↗ Related insights Overseas Patents 2026.06.04 PCT International Applications: Procedure, Benefits and Strategy Technology can be a major asset for businesses entering international markets. Without appropriate protection, it may be exposed to imitation or disputes abroad. ↗ Read article Overseas Patents 2026.05.21 Vietnam Patent Guide: Procedure, Costs and the PPH Vietnam's expanding manufacturing and IT sectors are attracting patent applications from overseas companies and research institutions. 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