china design patent

The standard SIPO English Search interface does not pick up Design patents. There are also a limited number of countries in which you can get a design patent or design registration via an international design patent application. Application fee: 900 RMB + 2500 RMB Examination fee By the end of 1993, 175,000 patents had been approved, including more than 20,000 invention patents, more than 130,000 utility model patents and over 20,000 exterior design patents. The discussion will cover: An introduction to design patents How to file and enforce a design patent in China Maximizing the value of your design patent Design patents from an international perspective U.S. rights holders’ experience with design patents There will be ample time for questions and answers. In China, exclusive rights to designs can be established by filing a design patent application under the Patent Law and its implementing regulations. The term of a utility model patent is 10 year and a design patent is 15 years. The Chinese patent authority is the National Intellectual Property Administration of the P.R.C (CNIPA). PCT National Phase. It does not take much for a design to meet this standard. So where no invention patent applies, a design patent is a powerful tool. If the design was disclosed before the design patent application was filed, the patent could be invalidated later. The term of design validity in China … Application time: Normally granted within 3-5 years. Search and read the full text of patents from around the world with Google Patents, and find prior art in our index of non-patent literature. Global Design Database Via a single, intuitive interface, the Global Design Database enables free, simultaneous searches of more than industrial designs registered under the WIPO-administered Hague System and/or in participating national collections. If the design was disclosed before the design patent application was filed, The design patent in China is a popular form of patent protection, at least to the Chinese who file about ten times as many design patent applications in China compared with foreign applicants. Apply for a patent in China. In Brazil , the applicant can request that the application be kept in secrecy for a period of 180 days from the filing date. The scope of a design patent in China is essentially the same as in the U.S., where protection is allowed for any new, original, ornamental design for an article of manufacture. Legal framework. III. Three forms of protection are available: invention patents, utility model patents, and design patents. Patents are among them. Note China is leading the world in growth in many areas. So here is a concise rundown of the three types of patent available in China… Invention patents. how the product looks as opposed to how the product functions. Patents in China are granted by the China National Intellectual Property Administration (CNIPA), which was renamed in English on 28 August 2018 from State Intellectual Property Office (SIPO). The term of a utility model patent is 10 years from the filing fate. The term is counted from the date of filing of the application. A design patent in China (generally analogous to a design patent in the U.S. or a Community design in the EU) covers novel product designs that (1) incorporate shapes, patterns, and/or colors, (2) are rich in aesthetic appeal, and (3) are fit for industrial application. In China, copyright and design patents serve two distinct functions: copyright protects the physical expression of an idea, whereas a design patent protects the aesthetic features of an industrial product. Design patents are increasingly becoming an essential component of our clients’ China IP portfolios. 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