According to the recent information from the website of the State Council Information Office released on January 15, 2025, the current average examination period for invention patent has been shortened to 15.5 months. People may wonder whether it is still necessary to file dule applications (invention and utility model on the same day). According to our experience, we deem it is still necessary and important to file due applications as a strategy to protect the crucial innovative achievements in China. The benefits of dule filing are listed as follows:

1. Balance of Quick Protection and Long-term Protection

The examination period for utility models is shorter, typically taking 6-10 months to grant, allowing for rapid patent protection. This is suitable for technologies with short life cycles or those that need to be quickly commercialized.

Invention patents offer a protection period of up to 20 years, making them suitable for innovations with long life cycles. Although the examination process is longer (for dual applications, invention patent will be reviewed 4 years later from the filing date), they provide more durable protection.

2. Dual Safeguard

Once the utility model is granted, even if the invention patent application is not granted (note that the current granting rate of invention patent is 40-50%, the standard of invention patent examination is getting stricter and it is expected that the granting rate may be substantially lower in the future), a certain level of protection is still available. If the invention patent is granted, the utility model can be abandoned to secure a longer protection period.

3. High Flexibility of Protection Scope

The scope of protection for utility models and invention patents can differ. Utility models focus on specific structures, while invention patents cover broader technical solutions. Even if the dual application has the same protection scope, during the examination proceedings, the invention patent can be revised several times and the final protection scope may be different from the utility model. Therefore, applicants can adjust their protection strategies based on their needs.

4. Enhanced Competitiveness

Dual applications provide more comprehensive protection for innovative achievements, enhancing market competitiveness and preventing competitors from circumventing patent protection through different means.
In summary, filing both utility model and invention patent applications on the same day allows for a balance between rapid and long-term protection, offers flexibility, and strengthens market competitiveness.