Same as for “Patents“.

– Convention Establishing the World Intellectual Property Organization (WIPO), since June 3, 1980.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 19, 1985.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since September 19, 1996.
– WTO’s TRIPS Agreement, since December 11, 2001.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since May 5, 2022.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since November 7, 2023.

Applicant: same as for “Patents“.

Foreigners: must appoint a patent agency.

Definition of a design: any new design of the shape, pattern, color, or their combination, of entirety or parts of a product, which creates an aesthetic feeling and is fit for industrial application.

Novelty: should not belong to a prior design (design publicly known in China and abroad before the filing date), must be clearly different from a prior design or combination of features of a prior design. Novelty is destroyed by an application of an identical design filed previously with CNIPA, and published after the date of filing.

Series application: an application may comprise two or more similar designs of one product or two or more designs which are incorporated in products belonging to the same class and are sold or used in sets.

Foreign priority: according to the Paris Convention: six months.

Domestic priority: provided for from June 1, 2021. Where, within six months from the date on which any applicant first filed in China an application for a patent for design, the applicant files with CNIPA an application for a design for the same subject matter, the applicant may enjoy a right of priority. When domestic priority is claimed, the first filed Chinese application will be deemed to be withdrawn.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, no legalization;
2. Drawings or photographs of the design (6 views), in triplicate (min. 3 x 8 cm, max. 15 x 22 cm);
3. Indication of the name and address of the applicant and the name of the creator;
4. Title of the design;
5. Brief description of the design;
6. Certified copy of the basic application, if priority is claimed; can be filed within three months from the filing date; no translation;
7. Assignment document, if any.

Electronic filing: available. 

Electronic signatures: are not accepted (only wet signatures).

Notes: the applicant may submit for each design one or more drawings or photographs of different angles, sides or positions so as to clearly show the object for which protection is sought. Normally, drawings in the form of six-sided views (front, top, bottom, left, right and back view) should be provided. On each drawing or photograph the angle, side or position, its consecutive number and the name of the applicant should be indicated on the left top of the back.

When protection of colors is sought, two drawings or photographs in color are to be submitted, and a statement seeking for the protection of colors is to be made.

If CNIPA finds it necessary, it may require submitting a sample or model of the product incorporating the design. The volume of the sample or model submitted shall not exceed 30 cm x 30 cm x 30 cm, and its weight shall not surpass 15 kilograms. Articles easy to spoil or break, or articles that are dangerous may not be submitted as sample or model.

Examination: only a preliminary examination.

Amendments: accepted; within two months from the filing date, the applicant may amend the application for a utility model or design patent on his own initiative. The amendments cannot change the essential elements of the design.

Divisional applications: if the application contains two or more designs, divisional applications may be filed.

Extent of protection: the extent of protection of the right for design is determined by the product incorporating the design as shown in the drawings or photographs.

Duration: from June 1, 2021, fifteen years counted from the date of filing in China.

Annual fees: are due.

Assignment, License, Infringement: see under “Patents of Invention“.

Right of prior user: same as for “Patents“.

Invalidation: possible before CNIPA and the decision of CNIPA can be appealed to the court if either party is not satisfied with the decision.

Infringement: offer for sale constitutes infringement of a design patent. The court or the administrative authority may require an appraisal report issued by CNIPA containing CNIPA's opinion on patentability of the design when the patentee or an interested party institutes legal proceedings or requests the administrative authority for patent affairs to handle the matter of infringement.