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A Guide to Chinese Design Patent Application

Brief explanation of the design patent

Chinese patent law provides design patent protection for any “new design of a product’s shape, pattern, or combination thereof, or the combination of its colour and shape or pattern, that creates an aesthetic feeling and is fit for industrial application”.

Article 27 of the amended patent law stipulates that a brief explanation describing the design feature to be protected be included with any design patent application. This amendment should be a positive change for protecting patented design features that are incorporated as part of products.

 

A brief introduction of patent registration process in China

Step 1: Obtain Qualified Attorney

Patents registration is quite complicated in China, thus it is essential to find a patent or intellectual property lawyer in China to accomplish this task. In this era of global competition, it can be important to seek patent protection in multiple countries, and because disclosure (inadvertent or otherwise) in one country may result in a loss of patentability in others, inventors should obtain legal advice as soon in the process as possible. Moreover, residents of Patent Cooperation Treaty (PCT) member states (which include the United States and more than one hundred other countries) may file an "international patent application" that can reduce the complexity of overseas filings and allow an applicant greater time to decide in which countries to file. A qualified patent attorney will be able to help you navigate these complicated matters and select appropriate overseas counsel and agents to assist you.

 

China Patent Application Guide: How to File a Patent Application in China

1. What Types of Patents are Granted in China?

The Chinese Patent Law provides protection for three types of patents in China, including: patent for
invention, patent for utility model and patent for design.
Terms of Patents:
A. Invention Patent: 20 years
B. Utility Model Patent: 10 years
C. Design Patent: 10
* all terms counted from date of filing

 

How to seek a trademark attorney in China

China trademark attorney

Foreign corporations and individuals are increasingly aware the importance of protecting their intellectual property rights in China, where piracy is deemed as a major problem when they are doing business in China.

Trademark law is a niche area of law with many unique principles and requirements. Consequently, the service of an attorney who specializes in trademark law is required for many situations, such as to file a trademark application, evaluate a trademark search or trademark a product name.

Yet how should you choose a trademark attorney? To begin with, never pick your trademark attorney based solely upon a lawyer referral service or advertising. Lawyer referral services generally do not evaluate the abilities of the attorneys in their listings, but simply accept any attorney willing to pay the membership dues of that referral service. The referral service then refers clients to these "trademark attorneys" on a rotating basis. It is almost always the attorney's own subjective determination that he or she is a "trademark attorney," yet this attorney may have little experience and knowledge of trademark law.

 

China Copyright Protection Rules and Regulations Insight

There are serious copyright issue in China, which have hinder China from developing its new technology and creative industries. Here I would like to discuss come aspect of China copyright problems starting from a copyright case.

A Typical Copyrighte Protection Case Review

When "The Pacifier" was shown online by a Chinese website without permission, the Motion Picture Association of America (MPA) complained to the National Copyright Administration of China last October.

The copyright agency then ordered www.116.com.cn to stop the piracy and fined it US$11,140.

The episode had a happy ending. And a top Chinese piracy buster yesterday promised copyright holders tough action a la Vin Diesel in the Hollywood action-comedy by improving legislation and international co-operation; and cracking down on rampant copyright violations on the Internet.

 
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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.