Process of design registration:
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.
Required Documents:
- Photographs or Drawings: Clear photographs or drawings of the design from different perspectives to fully disclose the appearance of the product. These visuals are crucial as they define the scope of protection sought.
- Brief Description of the Design: A brief explanation of the design, pointing out what is shown in the drawings or photographs. This description may include the best mode for carrying out the design and highlight the novel aspects of the design.
- Power of Attorney (enclosed): Please have the applicant complete the necessary information and affix their seal to the power of attorney document, authorizing us to act on behalf of the applicant..
- Priority Document (if priority is claimed): If the application claims priority from an earlier filed application in India (under the Paris Convention), a certified copy of the priority document must be submitted within three months of the Chinese application.
- Assignment Document (if applicable): If the applicant is not the creator of the design, an assignment document showing the transfer of rights from the creator to the applicant may be required.
Time Frame:
The duration of patent right for designs shall be ten years, counted from the date of filing. The period can not be renewed.
Multiple Designs:
Yes, multiple design can be filed in China. When filing multiple designs in a single application, it is essential to ensure that all designs belong to the same class as per the Locarno Classification