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The term of a utility model patent is 10 years from the filing fate. The term of design validity in China … Below you will find information on both methods. If the design is registered as a patent, the owner of the patent can prevent any other factory in China from making a product using that design. A design patent does not provide protection for a product’s functionality or inner workings. China design patent application is one way to protect your patent right in the country. Types of patent protection. Application time: Normally granted within 3-5 years. This means that the design must be new and not have been disclosed to the public through sales, advertising or any other means anywhere in the world before the application is filed in China. However, the utility model patent in China has attracted much attention and raised considerable concern based on its use in practice. 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 is counted from the date of filing of the application. China is one of the contracting states of the PCT, you can either apply your patent trough the PCT system with a National Phase Entry or you can apply directly as a local filing. So here is a concise rundown of the three types of patent available in China… Invention patents. 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. For design patents filed on or after 1 June 2021, the patent term will be extended from 10 years to 15 years from the filing date. So where no invention patent applies, a design patent is a powerful tool. As of December 2018, there are 70 countries or regions that are parties to the Agreement, including the U.S., Canada, the EU, Japan, Singapore, the UK, and South Korea. The Chinese patent authority is the National Intellectual Property Administration of the P.R.C (CNIPA). Three forms of protection are available: invention patents, utility model patents, and design patents. Note This is newly amendament in design patent. Patent Application in China. It does not take much for a design to meet this standard. 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. Ceremonies for the 16th China (Wuxi) International Design Expo & the 21st WIPO - CNIPA Award for Chinese Outstanding Industrial Design Held in Wuxi I am trying to verify the status of a Chinese Design Patent application. 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. There are three types of patents: invention patents, utility model patents, and design patents. The standard SIPO English Search interface does not pick up Design patents. New designs, shapes, patterns, or combinations of colours, shapes and patterns which have an aesthetic appeal and are fit for industrial application may be patentable. Design patents are increasingly becoming an essential component of our clients’ China IP portfolios. It Legal framework. Utility model patents are not a special type of patent in China, since numerous countries provide utility model patent protection for certain technologies. Foreign applicants that wish to get a design registered in China must appoint an agent, a Chinese patent attorney officially registered before the China National Intellectual Property Administration. design patents in China. 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. Industrial Design maintenance fees in China; Industrial design registration should be kept in force by paying design maintenance fees. Experts say design patents are underutilized in China by foreign companies, to their detriment. According to the China Patent Law in 2019, the term of an invention patent is 20 years. 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. As in Europe, this type of patent is granted for new technical solutions or improvements to a product or a process with practical applicability. Patents are among them. Design patents are protected under the Patent Law of the People’s Republic of China. Patent Range More. how the product looks as opposed to how the product functions. In China, Canada, Japan, South Africa, and the United States, a design patent application is not published and is kept secret until granted. They’re reasonably priced, don’t take that long to acquire, and provide pretty good protection. The same method of annuities payment applies. Design patent term is extended to 15 years. Importantly, the design must be novel. The patent owner can also register with customs, preventing the export of the knock-off product. 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. 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. Understanding and Using China’s Design Patent Free Business Tools to Manage your IPR in China 2 3 A Chinese design patent provides exclusive use of the aesthetic features of a product, i.e. Chinese companies certainly act as if Chinese design patents can give them an edge. PCT National Phase. CN 19850910~ 20210105 US 17900731~ 20201008 JP 19130206~ 20201015 KR 19731023~ 20200929 Important Notice x. Erick Robinson's China Patent Blog discusses China's patent system and China's surprisingly effective procedures for enforcing patents. For example, a design patent … Chinese patent documents became part of the PCT minimum documentation on 1 July 2012, which indicates the importance of Chinese patent documentation as part of the global prior art. 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. China is leading the world in growth in many areas. A design patent in China is relatively inexpensive, is easy to secure, and has value. 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 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. China design patent If you are planning to submit a similar design patent application to the Chinese patent office /SIPO (the State Intellectual Property Office), the USPTO or the PCT, the below discussed information about the design drawings are helpful for the client. China Has a Complete Law Enforcement System for Intellectual Property Protection Shen Changyu Reported on the Situations and Missions in the Party School of the CPC. If the design was disclosed before the design patent application was filed, the patent could be invalidated later. Therefore if you plan to pursue a design patent in China make sure your design is treated as a trade secret and not made public in your home country or elsewhere in the world before the application has been made. That said, it’s important to understand the limitations of a design patent. 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. 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