China design patent application is one kind of patent registration in China besides utility model patent and invention patent. Under the Patent Law, patented designs must be distinctly different from existing designs or the combinations of the features of existing designs and must not be in conflict with the lawful rights acquired by others prior to the date of application.
For the company that does business in China, manufacturing or selling products whose overall appearance or particular features have innovative designs that provide competitive advantage, it’s hard to imagine a reasonable justification for not seeking design patent protection.
Applying for Design Patents in China
The design patent application in China is a fast, low cost way to obtain protection. The design patent application does not require substantive examination, but rather faces only an examination as to formalities in which applicant information, completeness of the application, and acceptability of the drawings are considered. No comparison with earlier designs is made, although a third party may challenge a patent after it is granted through a proceeding before the Patent Reexamination Board (PRB). Time from filing to grant varies, but generally is between three and eight months. The term of the design patents in China is 10 years from the filing date. Translation and filing fees are also minimal.
The timing of filing is also important. China is a first-to-file country, so whoever gets to the patent office first with the application generally wins. Foreign applicants can overcome this disadvantage by filing early in their home country followed by a timely filing in China. Failure to file first can result in lost design patent rights. The date of filing is also important as China is an “absolute novelty” country, meaning that the “prior design” that can be cited against the application includes “any design known to the public in this country or abroad before the date of filing.” Accordingly, all applicants seeking design patent protection in China need to file a patent application somewhere in the world before the design is known publicly, either inside or outside China.
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If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to 2355735242@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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