Guideline of Design Registration in China 2025

Registering a design patent in China is a strategic move to safeguard your product’s unique aesthetic features, including shape, pattern, colour, and combination thereof. This protection deters unauthorized use or imitation within China’s vast market.

What Qualifies for Design Patent Protection in China?

Under Article 2 of the Chinese Patent Law, a design patent covers the entire or partial shape, pattern, or their combination, suitable for industrial application, and which elicits an aesthetic feeling. Eligible products encompass industrial items, textiles, and graphical user interfaces (GUIs).

However, non-reproducible handicrafts, agricultural and livestock products, and natural objects are excluded.

The design must be novel, distinctive, and possess ornamental value, differing significantly from existing designs.

5 Special Types of Design Patents in China

1. Similar Design

A similar design patent refers to multiple similar designs for the same product.

• Key Features:
  • All similar designs must stem from the same core design idea, differing only in minor details, such as shape, pattern, or color.
  • The designs must belong to the same product, meaning variations of the same type of product can be protected, but designs for entirely different products cannot be included.
  • A single similar design patent application can include up to 10 similar designs.
• Purpose:
  • To seek patent protection for a series of similar designs simultaneously.

2. Component Product Design

A component product design patent protects the appearance of a product formed by multiple individual components.

• Key Features:
  • Focuses on the overall appearance of the assembled product, rather than on individual components.
  • Components might not be functional alone but are integral to the completed product.
  • For example: The assembled appearance of an electric kettle with a separate base.
• Purpose:
  • To secure the unique visual effect created by the combination of various parts into one cohesive design.

3. Set of Products Design (Kit Product Design)

A set of product designs protects the unified appearance of a set of products that are intended to be used or sold together.

• Key Features:
  • Protects both the entire set’s collective design and the individual designs of each component, which differs from the component product design only for assembled appearance.
  • The components must share a consistent visual style or design theme.
  • For example: A tea set including a teapot, cups, and saucers.
• Purpose:
  • To protect the visual harmony and aesthetic value of products intended to be marketed as a unified group.

4. Partial Design

A partial design patent protects only a specific portion of a product’s design, leaving other parts unprotected.

• Key Features:
  • Focuses on the claimed part of a product by solid lines.
  • The unprotected portions are usually marked with dashed lines to indicate they are NOT part of the claimed design.
  • For example: The shell of a helmet.
• Purpose:
  • To allow protection of key design elements that distinguish the product while leaving room for variation in other areas.

5. GUI Design

A Graphical User Interface (GUI) design patent protects the visual elements of a product’s interface, such as layouts, icons, animations, and interactive designs.

• Key Features:
  • Focus exclusively on the visual elements of an interface, including layouts, icons, animations, and interactive designs, without covering the functionality
  • They protect both static designs (like a screen layout or button arrangement) and dynamic designs (like animations, transitions, or interactive effects).
  • GUI designs must be tied to a specific electronic device (e.g., “a graphical interface displayed on a smartphone”).
  • For instance, an animation for unlocking a device can be protected.
• Purpose:
  • To protect the visual identity of digital interfaces.

Grounds for Design Patent Application Rejection

Applications may be denied due to:

• Lack of Novelty: The design is identical or highly similar to existing designs publicly known domestically or internationally before the filing date.
• Insufficient Distinctiveness: The design does not clearly differ from prior designs or their combinations.
• Conflict with Prior Rights: The design infringes upon legally established rights of others existing before the filing date.

Steps to Apply for a Design Patent in China

1. Pre-Application Search: Conduct a thorough search using the China National Intellectual Property Administration (CNIPA) database or WIPO design database. to confirm the uniqueness of your design.
2. Document Preparation: Prepare necessary documents, including a Power of Attorney (POA), high-resolution drawings or photographs (preferably 600 dpi), and detailed descriptions of the design.
3. Application Submission: Submit the application to CNIPA, ensuring all documents comply with Chinese legal standards.
4. Examination Process: CNIPA reviews the application, focusing on formalities and compliance, typically concluding within six months.
5. Registration and Publication: Upon approval, the design is registered and published, granting exclusive rights for a term of 15 years from the filing date.

Required Documents for Application

• Request Form: Includes the product name, applicant details, and designer information.
• Design Illustrations: Clear drawings or photographs showcasing the design from multiple views. Know more about the requirements of design drawings in China.
• Brief Description: Outlines the design’s key features, intended use, and the drawing or photograph that best represents the design.

Foreign applicants must appoint a registered Chinese patent attorney to act as an agent in the application process.

Costs Associated with Design Patent Registration

The official fees for registering a design patent in China are as follows:

• Filing Fee: 500 CNY
• Registration Fee: 600 CNY
• Maintenance Fees:
  • Years 1-3: 600 CNY per year
  • Years 4-5: 900 CNY per year
  • Years 6-8: 1,200 CNY per year
  • Years 9-10: 2,000 CNY per year
  • Years 11-15: 3,000 CNY per year

See more about Patent Fees Schedule in China 2024

Design Invalidation Process

Post-registration, third parties can challenge the validity of a design patent by filing an invalidation request with CNIPA, providing evidence that the design lacks novelty or distinctiveness, or infringes upon prior rights.

Final Thoughts

China is the biggest manufacturing country in the world. To prevent Chinese companies from providing identical or similar designs to potential consumers, design registration in China is a valuable investment for your global businesses even if China is not your target market.

Feel free to contact us to get a quote at: contact@gbaiplawyer.com.