• Design fees

Fees associated with filing industrial design applications in China, as well as other design fees, are available in the fee calculator.

• Multiple design application

A design application shall be limited to one design. However, no more than ten similar design embodiments for the same product may be filed in one application. Two or more design embodiments with the same designing concept may be filed in one application to the extent that they are incorporated into the same class and are customarily sold or used in sets and have collective value of use.

• Filing requirements of design application in China

For obtainment of the date of filing, an industrial design application in China shall contain:
- a written request;
- drawings or pictures of the design;
- a brief description of the design

A copy of a signed POA should be filed within three months from the filing date of an industrial design application in China. Legalization or notarization is not required.

A certified copy of the Priority Document must be provided within three months from the filing date of an industrial design application in China.

The term for filing an industrial design application in China claiming priority is six months from the date of priority. This term may not be restored. It is also possible to claim priority of an international design registered under Hague Agreement provided that the WIPO certificate has already been issued.

• Examination of a design application in China

Chinese industrial design applications undergo formal examination only.

• Novelty grace period

A design application does not lose its novelty if it is filed with CNIPA within six months after the occurrence of any of the following circumstances:
- the disclosure has occurred for the purpose of public interests in the case of national emergency;
- it is exhibited at an international exhibition sponsored or recognized by the Chinese Government;
- it is published for the first time at a specified academic or technological conference;
- the disclosure has occurred for the purpose of public interests in the case of national emergency;
- its contents are disclosed by others without the consent of the applicant.

• Grant, validity term and maintenance fees

The official fee for grant should be paid within two months from the date of receipt of the Notification to grant a certificate. Designs in China with the filing date on or after June 1, 2021 are in force for 15 years from the filing date, and designs with the filing date on or before May 31, 2021 are in force for 10 years from the filing date. The first annual fee as well as stamp tax for the design certificate are to be paid at design registration. Further annual fees are to be paid in advance, during the month preceding the anniversary of the filing date. Late payment is possible within a six-month grace period by paying a corresponding surcharge.

• Duration of registration procedure

The granting period does not usually exceed six months from the filing date.

• Representation by a patent attorney

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.

•  Note

Online Search Databases: Chinese Designs, Designview.

Brief summary is based on the information provided by Borsam Intellectual Property on 26.01.2024
Please contact us if the above information is not in conformity with Chinese IP Laws