Chinese Invention Patents & Utility Model Patents
Posted: Mon Jun 22, 2020 1:13 pm
Anecdotally at least, it is common practice for applicants to apply for a Chinese “invention patent” and a Chinese “utility model patent” at the same time for the same invention. A kind code for publications of Chinese “invention patent” applications is “CNA” and a kind code for publications of Chinese “utility model patent” applications is “CNU”. The simple queries “pn=CNA” and “pn=CNU” each yield millions of results. However, the query “pn=CNA and pn=CNU” yields zero results.
This seems to indicate that a Chinese “invention patent” and a Chinese “utility model patent” filed at the same time for the same invention do not count as members of the same family. Is that correct? (One example is PN=CN204290136U and PN=CN104538874A, which apparently relate to the same invention but do not appear in the same family – though CN204290136U appears as a cited document for CN104538874A. The “invention patent was rejected but the fate of the utility model is unclear. A similar example is pn=CN104538874A and pn=CN20481260U where the “invention patent” was rejected but the “utility model patent” was granted.)
If this is correct, would there be any way to associate “invention patent” and “utility model patent” in one family, or some work around to achieve a similar result?
If this issue has already been addressed I would be very grateful if you could direct me there.
Many thanks in advance
This seems to indicate that a Chinese “invention patent” and a Chinese “utility model patent” filed at the same time for the same invention do not count as members of the same family. Is that correct? (One example is PN=CN204290136U and PN=CN104538874A, which apparently relate to the same invention but do not appear in the same family – though CN204290136U appears as a cited document for CN104538874A. The “invention patent was rejected but the fate of the utility model is unclear. A similar example is pn=CN104538874A and pn=CN20481260U where the “invention patent” was rejected but the “utility model patent” was granted.)
If this is correct, would there be any way to associate “invention patent” and “utility model patent” in one family, or some work around to achieve a similar result?
If this issue has already been addressed I would be very grateful if you could direct me there.
Many thanks in advance