Understanding the intricacies of design patent applications is crucial for inventors and businesses looking to protect their innovative designs. This guide aims to provide a clear and concise overview of the process, requirements, and considerations when applying for a design patent in China.

 

What is a Design Patent?

According to the fourth clause of Article 2 of the Patent Law of the People’s Republic of China, a design patent refers to a new design that is aesthetically pleasing and suitable for industrial application, involving the shape, pattern, or their combination of a product, as well as the combination of color with shape or pattern. This type of patent protects the visual appearance of a product and can be a valuable asset in the competitive marketplace.

 

Eligible Products for Design Patents

Design patents can be applied to a wide range of products, from mechanical and medical devices to watches, jewelry, and other luxury items. Household appliances, transportation vehicles, and architectural components are also eligible, as are textiles and leisure goods. Essentially, any product that features a new design involving shape, pattern, or color combination that is both aesthetically pleasing and industrially applicable can be patented.

 

Fees Associated with Design Patent Applications

The payment period for the application fee is within two months from the date of application or within 15 days from the receipt of the acceptance notice. If claiming priority, the priority claim fee should be paid simultaneously. When the applicant completes the registration procedures, they must pay the annual fee for the year the patent is granted and the patent certificate stamp duty. Subsequent annual fees should be paid before the expiration of the previous year, with the payment deadline being the corresponding date of the application in that year.

 

Documents Required for Design Patent Applications

When applying for a design patent, the applicant must submit a request form, images or photographs of the design, and a brief description of the design, among other documents. Additional documents may be required in certain cases, such as a power of attorney or a request for fee reduction.

 

Active Correction by Applicants

Applicants for design patents can proactively make corrections to their applications within two months from the date of application. However, modifications to the design patent application documents must not exceed the scope represented in the original images or photographs.

 

Requirements for Product Names in Design Patents

The product name used in a design patent application should accurately and concisely describe the product’s design as shown in the images or photographs. It should correspond with the design depicted and generally conform to the names listed in the Locarno Classification of International Industrial Designs. The product name should not exceed 20 characters and should avoid certain scenarios, such as containing personal names, geographical names, national names, organizational names, trademarks, codes, models, or historical era names. It should also not be overly abstract, describe technical effects or internal structures, include product specifications, sizes, scales, or quantity units, or be named in foreign languages or with indeterminate Chinese meanings.

For products that include graphical user interfaces, the product name should include “interface” as a keyword and indicate the name of the product to which the interface is applied. When the design focus is on the interface, the product name can be formatted as the application interface of a mobile phone or the operating system interface of a computer. The interface name alone should not be used as the product name.

 

Content of the Brief Description

In accordance with Article 28 of the Implementing Regulations of the Patent Law of the People’s Republic of China, the brief description of a design patent should include the name and purpose of the product, the design’s key points, and specify an image or photograph that best represents these points. If the design omits certain views or requests color protection, this should be stated in the brief description. For multiple similar designs of the same product filed in one application, the brief description should specify one as the basic design. The brief description should not contain promotional language or explain product performance.

 

The brief description should include the following:

1. The name of the design product, which should match the name in the request form.

2. The purpose of the design product, which should help determine the product category. For products with multiple uses, the brief description should specify these uses.

3. The design’s key points, which distinguish the product from existing designs in terms of shape, pattern, and their combinations, or color combinations with shape or pattern.

4. Specification of an image or photograph that best illustrates the design’s key points, to be used for patent publication.

 

Additional information may need to be included in the brief description, such as:

1. Requests for color protection or omitted views.

2. Specification of a basic design for multiple similar designs of the same product.

3. Description of the repetitive pattern in plane products like fabrics or wallpapers.

4. Specification of the length representation for slender items.

5. Mention of the use of transparent materials or special effect materials in the product’s design.

6. Indication of the names corresponding to each set piece for set products.

7. Clarification of the graphical user interface’s purpose, its area within the product, human-computer interaction methods, and state changes.

 

Source: China National Intellectual Property Administration

 

Disclaimer

The views expressed in this article are solely those of the author and should not be considered as official legal advice or recommendations from MeritsIP. If you wish to reprint or quote any content from this article, please acknowledge the source. Without the written consent of our firm, no part of this article, including any images or visual content, may be reprinted or used. If you are interested in further discussing or exploring related topics, we welcome you to contact our office.

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