China grants patent rights for designs that comprise the shape or pattern, or a combination of shape and pattern, or shape, pattern and colour, of a product that has aesthetic appeal and is capable of industrial application.
The design must be novel i.e. it must not have been published in any publications (magazines, newspapers, product brochures, VCDs etc) anywhere in the world, and must not have been used (produced, sold, exhibited etc) in China.
Filing Requirements
The following documents must be submitted with each design application:
1. Power of Attorney signed by the applicant – no legalisation or notarisation is necessary. The Power of Attorney can, if necessary, be filed later.
2. Drawings or photos of the design.
3. Design Application Form (we complete this on the applicant’s behalf).
Where appropriate, the following documents must also be submitted within three months of the Chinese filing date:
1. Assignment of Industrial Design. This is normally required if the applicant is anyone other than the designer. The Assignment should be the original, or a copy, notarised by a Notary Public, or a certified copy issued by the relevant Authorities (Patent Office, Design Office etc).
2. Certified Copy of the Design Priority Document, if a priority claim is made.
China Design
