Furious about your invention being copied and/or registered under someone else's name? We can help you file a patent in China to secure your intellectual property rights and safeguard your invention from copycats and competitors. We will assist you in the process of filing a patent in China by helping you arrange all of the necessary documents. We will help you determine the type of patent to file.
We provide our clients all the essential services to properly register and protect their respective design patents
A design patent provides its holder the exclusive use of a product design for a period of 10 years. As well as providing a legal basis to fight counterfeiters, a design patent also allows you to generate additional revenue by licensing the design to third parties.
Patentable designs in China
According to China’s Patent law, a design is defined as “the shape, pattern, or the combination thereof, or the combination of the color with shape and pattern, which are rich in an aesthetic appeal and are fit for industrial application”.
Note that the China design patent demands absolute novelty. The design must be new and have not been published to the public through sales, promotion, or any other means anywhere around the world before the application is filed in China. Otherwise, the validity of the patent can be questioned by invalidation later. Protection for design in China starts after the registration is completed, lasting for a maximum of 10 years from the filing date, and is not renewable.
Examination and protection
China does not conduct substantive examinations for prior art. A design patent applicant only needs to submit an application that satisfies the formality requirements to the China National Intellectual Property Administration (CNIPA). In most cases, the registration process may take six months. Substantive examination occurs only when a third party challenges the validity of a patent after registration.
The IP protection environment is improving in China, and litigations against design patent violations are common. Good litigation results can be foreseen and obtained by the owners of design patent rights.