China Design Patent

Design Patent

• Australia Design
• Canada Industrial Design
• China Design Patent
• Discounted US Patent Applications Fees for Micro Entity Status
• Discounted US Patent Applications Fees for Small Entity Status
• EU Design
• Hong Kong Design
• India Design
• International Design Application (Hague)
• New Zealand Design
• UK Design
• US Design Patent
• US Design Patent Drawings

Intellectual Property

• Copyright
• Design Patent / Industrial Design
• Trademark
• Utility Patent / Invention Patent

Patent law in China provides protection to inventions, utility models, and industrial designs. Specifically, an industrial design patent covers “new designs of the shape, pattern, or the combination thereof, or the combination of the color with shape and pattern with respect to a product, which are rich in an aesthetic appeal and are fit for industrial application”, according to the Patent Law of China.

A China industrial design patent right owner is entitled to manufacture, sell, and import the product that is under the protection of the industrial design patent right. Use of the registered design is prohibited without permission from the patent owner. According to the Patent Law of China, the duration of the industrial design patent right shall be 15 years.

Moreover, the China Intellectual Property Administration (CNIPA) is currently negotiating to join the Hague Agreement. The agreement provides a simpler application process and lower application fees. Under the Hague Agreement, the applicant can also file for the industrial design patent right protections of multiple countries, generally the Hague Agreement member countries, merely by submitting one application.

Note that within the three types of patent rights (invention patents, utility model patents, and industrial design patents), a single invention can only be granted with one patent right, under the Patent Law of China.

To get started on your patent or trademark application, email us at contact@intrademark.com. To consult a USPTO registered patent and trademark attorney, please visit Minderlaw.com.

Information posted or made available on or through this website is subject to the Terms, Conditions, and Disclaimers. The information is intended for general informational purposes only. No user of the website should act or refrain from acting on the basis of the information without seeking legal advice of counsel in the relevant jurisdiction.