Brief introduction of design patent in China

- 2017-02-06

Chinese design patent has 10 years patent protection running from the Chinese filing date, subject to payment of a renewal fee each year.  Normally it takes about six months from filing a Chinese design patent application to get allowance.   Multiple similar designs (no more than 10 designs) can be filed in one design patent application. 

 

Information and documents for design patent filing in China:

 

1) Applicants name, nationality and address;

2) Designers name and nationality of first designer, and if the first designer is a Chinese, his/her Chinese name and ID number are also required;

3) Drawings or photos of the six views of the design, and one or two perspective views of the design;

4) A brief description of the design;

5) Information of the priority application if a priority is claimed;

6) Certified priority document, which can be late submitted within three months from the Chinese filing date, if a priority is claimed;

7) Original or certified copy of assignment for priority application, which can be late submitted within three months from the Chinese filing date, if a priority is claimed and the Chinese applicant is different from that of the priority application;

8) Power of attorney which can be late submitted within three months from the Chinese filing date. 

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