Guidelines for filing design patent application in China

2020-09-24
Borsam IP
未知  ————————————————

1. General information

The deadline for filing a design patent application claiming priority is 6 months from the priority date. The term cannot be extended and restored.
 
There are three cases where multiple designs are allowed to be incorporated in one design application, i.e. 1) similar designs of the same product (up to 10 designs), 2) designs of the products in set (belong to the same class and are sold or used in sets), and 3) designs of the combination product.
 
2. Filing requirements
 
2.1. Official language
The filing documents shall be in simplified Chinese.
 
2.2. Information and documents required
1) Applicant’s and designer's name, address and nationality;
2) At least six-view drawings of the products and the perspective view;
3) Brief description to introduce the title, use and feature of the product;
4) Scanned copy of power of attorney executed by the applicant;
5) Scanned copy of certified priority documents or DAS code, and priority information (including priority country, priority number and priority date) if a foreign priority claimed;
6) Scanned copy of assignment, if the applicant for Chinese application is different from the records in certified priority documents.
 
3. Examination requirement
 
Design patent applications in China undergo formal examination only. No separate request required.
 
4. Duration of patent right and maintenance
 
4.1. Duration of patent right
The duration of patent right for designs is ten years from the filing date.
 
4.2. Maintenance
After the application being granted, the patentee needs to pay for the annual fee before the anniversaries of the filing date year by year. If not, the patent would be deemed to be abandoned. However, the patentee can also have six months more to pay for the annual fee and penalty.
 
5. Duration of registration procedure
 
The average processing time for design patent registration procedure in China is 6~12 months.