There are three different types of patents, namely invention, utility model, and design patents.

(1) An invention patent can be defined as a creation of technical ideas by utilizing natural laws to generate the technical effect, solve specific technical problems and achieve the desired technical results. The invention must have distinguishing "technical characters" to the extent that the technical problems can be solved by the technical means by those skilled in the art in relevant technical field. Those topics, such as mere discovery, scientific theories, presentation of information or aesthetic creations, do not meet the definition of invention patent.

(2) A utility model can be defined as a creation of technical ideas relating to the shape or structure of specific article or articles combination. Methods, including manufacturing methods, processing methods, usage methods, chemical substances or pharmaceutical compounds without concrete shape or structure cannot be the protection subject of utility model. The utility model system provides protection of so-called “minor inventions” through a system similar to the patent system. Minor improvements of existing products, which do not fulfill the patentability requirements of invention, may obtain the protection by utility models.

(3) A design refers to the creation of an article, in whole or in part, by means of its shape, pattern, color, or any combination thereof. Additionally, the use of a graphical user interface (GUI) and computer-generated icons (Icons) on an article may also be filed as a design application.

(1) Where an invention is filed, the documents shall include: a request letter for the invention, an abstract of the description (with drawings of the abstract if necessary), one or more claims and a description (with drawings of the description if necessary). If an application for invention involves nucleotide and/or amino acid sequences, the sequence listing shall be submitted as a separate part of the description. For an e-application, a copy of the said sequence listing in computer-readable form shall also be submitted. For a paper application, a sequence listing with separately numbered pages and a copy in computer-readable form carrying the same content of the said sequence listing shall be submitted. For an invention based on genetic resources, the applicant shall state the source of the genetic resources in request letter, and register direct and original source thereof in the documents. If the applicant is unable to cite the source, the reasons should be stated.

(2) Where an application for utility model is filed, the documents shall include: a request letter for the utility model, an abstract of the description (with drawings of the abstract if necessary), one or more claims, a description and drawings of the description.

(3) Where an application for design is filed, the documents shall include: a request letter for the design, drawings or photos (where an applicant seeks protection of colors, drawings or photographs in color shall be submitted) and a brief explanation of the design.

The term of filing a patent application in China based on the PCT is 30 months from the date of priority. The term may be carried out within 32 months from the priority date after the payment of a surcharge for late entry into the national phase, i.e., by submitting the required documents and paying the required fees.

The reasons for termination of a patent right can be:

(1) Terminate after expiration of its term: 20 years for protection term of invention patent, 10 years for protection term of utility model, and 15 years for protection term of design.

(2) Terminate for not paying fees: Where an applicant delays to pay the annual fee and surcharge or pays insufficiently as of the expiration of the grace period, the patent right shall be terminated from the date of expiration of the previous year.

(3) Patentee spontaneously abandons the patent right.

Yes, CNIPA accept priority restoration within 14 months counting from priority date applying both the “unintentional” and the “due care” criteria to such requests as the receiving office with additional official fee. However, CNIPA can’t accept such restoration as designated Office.