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Details of Design Patent Registration China

The design of a product is one of the decisive factors for its market success. It can become an important asset of your company, particularly if it is a best seller. As China design patent attorney, we have extensive in register design patent for international clients. It takes 3-5 months for us to complete the application and get approval certificate.

Here you can order a design protection in China. As qualified China design Patent lawyer, we will file a design patent application in China. Our offer includes the official fees for a application and registration without hidden fees or costs.

A registered design patent in China gives you the exclusive right to use the design for a maximum term of 10 year.

To obtain this right, the entry in an official register is required. With the entry in the official design registry, you will receive the appropriate intellectual property rights for the shape and the design of your product. It protects the shape and colors of the product as shown in the register - from cars to lemon squeezer. The protection covers the design of three-dimensional objects - for example, furniture, cars and toys - as well as the design of two-dimensional objects - such as fabrics, wallpaper. Even logos, graphics or icons can login to design protection.


With the registered design patent in China, you can prohibit others to use the protected design in China without your consent in identical form. Furthermore all possible actions are included which relate to your design - for example, offering products in which your design is used, the production, sale or import and export, as well as the possession for these purposes. The scope of the design patent extends not only to identical imitations, but regularly also on all the products that provide the same overall impression as shown in the views of your design patent.

Design Patent protection in China arises with the registration of a design with effect from the date of filing of the application. Protection starts with a 5 year protection and can be maintained 5 times for 1 year up to 10 years in total. In special cases the protection in China may start before the date of filing the application if a priority claim of a foreign design application filed within the last 6 months is possible and is requested with the new application.

A design patent in China is regularly not a fully reviewed intellectual property right. Conditions for protection are the novelty and an individual character of your design in the time of youir application. Therefor office action, cancellation claims and opposition are possible in China.

For the registration of your design in China you will need:

- the name of your design;
- images showing only your product in front of a neutral (white) background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); 
- contact details of the client; 
- contact details of company or person to be registered as owner of the design right; 
- name of the natural person(s) who created the design; 
- a short description - if possible - of the design and its novelty, especially if the design has specific characteristics which can not to be seen in the views; 
- in case of prior design application in a foreign country: please provide us with a copy or a certified copy of the application, receipt of the filing, file number and name of the patent office.

If you engage us we will render the following services:
- Preparation of the filing including selection of the classes of goods; 
- Examination of the images in regard to the formal requirements (we do not review if the design is new and has an individual character); 
- requesting for additional documents or new images; 
- legal advice with regard to the filing process and documents; 
- sending the prepared filing details to you for review; 
- request a power of attorney, If the Office will required a legalization of your power of attorney the external fees for a notary certification and a court issued Apostille are expenses you will be charged separately; 
- Filing the application at patent office; If the Office will required a legalization of documents the external fees for a notary and a court (issuing an Apostille) are expenses you will be charged separately; 
- Representation of the applicant in front of the office; 
- Payment of the official fees (application fee, registration fee, publication fee); 
- Transmission of office documents as well as the letter confirming the application; 
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application; 
- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register; 
- Receipt and transmission of all documents sent from the patent office after the registration; 
- Docketing and deadline, renewal time monitoring.

As far as the registration proceed in China provides the possibility that third parties may submit an opposition against your design patent application, such an opposition will arise a new matter. The legal representation and legal services in the new matter shall be ordered and paid separately.

The same applies to complaints of the Office which do not concern only mere formalities. If the office complain particularly in regard to drawings and / or pictures the answering and representation of such office action cause new matter. Regularly we do not expect such a complaint by the Office, in particular if the information that we provide to you before filing of the design application, are considered. But if it should come to such a case, we will inform you and start legal action only if you instruct us in writing form to answer and represent you.

 

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.