Registering a Design Patent in China - Blog iPNOTE
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Registering a Design Patent in China: All You Need to Know

By: Jimmy Yang, a registered patent attorney at Guangdong Pingo Law Firm, China

 

A design patent protects a product with aesthetic feeling, including its shape, pattern, color, and combination thereof. China has become a global hub for manufacturing and innovation, making it a popular destination for companies to register their intellectual property, particularly design patents. 

 

Registering a design patent in China can provide businesses with legal protection against unauthorized use or imitation of their product designs. In this article, we will outline the steps and requirements for registering a design patent in China.

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. Design invalidation process in China

6. The costs of design registration in China

7. Final thoughts

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.

Patent application in China (From CNIPA)

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. Design invalidation process in China

In China, the design invalidation process refers to the procedure for challenging the validity of a registered design. The process is governed by the Patent Law of China and is administered by the CNIPA. Here are the basic steps: 

  • Filing an invalidation request: The first step in the design invalidation process is to file an invalidation request with the CNIPA. The request may be filed anytime from the registration date.
  • Examination of the request: The CNIPA will examine the request and decide whether to accept it for further review. If the request is accepted, the CNIPA will notify the patent holder and provide an opportunity for them to respond.
  • Hearing: The parties will then present evidence and arguments to support their position in front of the CNIPA online or on site (in Beijing). 
  • Decision: After considering all the evidence and arguments presented, the CNIPA will issue a decision to declare complete or partial invalidity or remain valid of the design. If the design is declared to be invalid, it shall be deemed to be non-existent.
  • Appeals: Either party may appeal the CNIPA’s decision to a higher authority, the Beijing Intellectual Property Court.

6. The costs of design registration in China

 

Official fees of design patent registration in China:

 

Procedure

Official Fee (CNY)

Filing

500

Registration

600

Maintenance

 

1-3th year: annually

600

4-5th year: annually

900

6-8th year: annually

1200

9-10th year: annually

2000

11-15th year: annually (only for design)  

3000

The design patent registration cost in China via the iPNOTE platform starts from as low as $450, which includes all government fees and document preparation. Find the best design patent attorney in China on iPNOTE.

7. Final thoughts

 

China is the biggest manufacturing country in the world. To prevent Chinese companies from providing identical or similar designs to your potential consumers, design registration in China is a valuable investment for your global businesses even if China is not your target market. Also read our articles about trademark and patent registration in China. 

 

***

 

Do you have further questions about patent registration in China? Contact Guangdong Pingo Law Firm via IPNOTE.

 

Sign up for free, and we’ll help you solve any IP-related problem

Another posts

The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?