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Industrial Design Patent Application in China

Updated:2018-1-16 17:16:14    Source:www.tannet-group.comViews:30

Industrial design patent application in China is filed with the State Intellectual Property Office (SIPO). Industrial design or appearance design refers to the appearance design of industrial products, that is to say, the style of industrial products. The appearance design is used to protect the appearance, style, decoration or appearance of the objects.

As per the provision of implementing rules of China's Patent Law, appearance design refers to a new design which is full of aesthetic feeling and is suitable for industrial application in combination of shape and pattern or combination of the color, shape and pattern. The design must be kept secret and not disclosed before submitting the application. Otherwise, the registration may be invalid.

Required Information By Applicant
1. For individual applicant: personal ID Card (copy);
2. For enterprise: copy of business license;
3. PoA agreement in duplicate (with signature);
4. PoA, patent specification and patent claims (with signature);
5. Product appearance pictures involving six faces (Pictures must be drawn by computer or regular drawing tools).

Applying for Design Patents in China
The scope of a design patent in China is essentially the same as in the U.S., where protection is allowed for any new, original, ornamental design for an article of manufacture.

China employs an absolute novelty standard, and includes no grace period, so prior use or publication anywhere in the world will render the design un-patentable. In theory, one may not patent a design that is merely an aggregate of two or more prior designs or design features and the design must be strictly ornamental, not functional, although courts sometimes appear to overlook those requirements.

The application must include either drawings or photographs of the design, along with a brief explanation used to interpret the drawings or photos and to indicate the essential portion of the design. In China the drawings may not include shading or broken lines to indicate non-essential features, so it may be prudent to eliminate non-essential features from the drawings to the extent possible.

Time-frame and Validity
Generally speaking, it takes around 7-9 months to obtain the certificate.
The term of right for industrial design patent shall be 10 years, and shall be calculated from the date of application.

Important Tips for Annuity
The annual fee should be paid annually from the date of application of the patent. In case the full payment of patent annual fees and overdue fees are still unpaid, notice of termination of patent right shall be issued to the patent owner within two months from the date of the expiration of the overdue period.

If the patent owner fails to initiate the restoration procedure or the restoration has not been approved, the relevant information will be registered and announced respectively in the patent register and Patent Gazette after four months' notice of termination. After that, the patent application file will be delivered to the invalid file database. The expiration date of the patent right shall be the expiration date of the previous year.

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