China Design

Contents
 1. What can be registered as a design in China?
 2. Why can you be refused to register a design in China?
 3. The process of design registration in China
 4. Documents required for registering a design in China
 5. The costs of design registration in China
 6. Conclusion
 

1. What can be registered as a design in China?
According to Article 2 of the Patent Law of China, a design patent specifies the whole or partial shape or pattern of a product, or a combination thereof, which is fit for industrial application, and which creates an aesthetic feeling.
 
In China, a wide range of products can be registered as a design, including industrial products, textiles, and GUI (Graphical user interface), but not including handicrafts that cannot be reproduced, agricultural products, livestock products, natural objects . The design must have novelty, originality, and ornamental value to be eligible for registration. Additionally, the design must not be identical or significantly similar to any prior design or combination of prior designs.
A design patent should meet the following requirements:

• refer to the design of shape, pattern or their combination, or the combination of color, shape and pattern;
• must be a design for the whole or part of the product;
• must be aesthetic;
• must be suitable for industrial applications; and
• must be a new design.

2. Why can you be refused to register a design in China?
There are several reasons why a design may be refused registration in China:

• Lack of Novelty: If the design is not new, it may be refused registration. In China, a design must be novel and not identical to any prior design*. You need to make sure that no other person (including the applicant) has filed the same design with CNIPA prior to the filing date.
• Lack of Distinctiveness: If the design is not distinctive enough, it may be refused registration. In China, a design must possess a clear distinction compared to prior designs or the combination of characteristics of prior designs.
• Conflict with earlier rights: The registered design shall not conflict with any legal rights already obtained by others before the filing date.

　* The prior design refers to designs known to the public in China or abroad before the filing date.

3. The process of design registration in China

　Before applying for a design patent in China, it is essential to conduct a preliminary search. This step involves searching the database of registered designs to ensure that your design is unique and does not infringe on any existing ones.

　Once you have confirmed that your design is unique, you need to prepare the application documents. These documents include a Power of Attorney (POA), drawings or photographs, and descriptions of the design. It is essential to ensure that these documents meet the specific requirements of the CNIPA.

　After preparing the application documents, you need to file the application with the CNIPA. It is recommended to do this through a registered design patent agency in China. You will also need to pay the official fee after your application is accepted.

　Once your application is submitted, the CNIPA will conduct a preliminary examination of your application. This examination will check the formality of your application to ensure that it meets the necessary requirements for registration.

　If your application meets all the requirements, you will be notified to pay the 1st-year annuity fee. After that, the CNIPA will issue a certificate of design registration. It is important to note that you still need to pay annual fees each year or upfront after the grant if you want to maintain your design registration in China.

　The overall duration of registration is around 6 months.

4. Documents required for registering a design in China
To register a design in China, the following documents are generally required:
 

• Power of attorney;
• Application form (including the title of the design; name and address of the applicant and designer);
• Design drawings in CAD or JPG format (front, rear, left, right, top, bottom, stereo);
• A certified copy of prior application or a DAS code that must be submitted to the CNIPA within three months of the Chinese filing date, where priority is claimed.

5. The costs of design registration in China

6. Conclusion
　China is the biggest manufacturing country in the world. Design registration in China is a valuable investment for your global businesses even if China is not your target market. 
 

　In the team of our law firm, each of attorneys, agents and experts is experienced in obtaining and protecting a design patent, from design patent prosecution to handling infringements, appeals and litigations before the courts. We, Lewis & Davis Patent Attorneys Office, are capable to give you the most secure protection on your design patent and intellectual property rights.
 

　Contact us if you wish to find out more about IP protection.