China Design Patent

China Design 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.



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