Detailed Process of China Design Patent Application 

China’s patent system includes invention patents, utility model patents, and design patents. The application process for invention patents differs from that of utility model and design patents, as the latter only require a preliminary examination, while invention patents must undergo substantive examination.

A design patent refers to a new design that is aesthetically pleasing and suitable for industrial application, made to the shape, pattern, or combination thereof of a product, or the combination of color with shape and pattern.

Application Materials

1. Power of Attorney: To authorize our firm to handle subsequent procedures.
2. Chinese Patent Application Documents: Based on the documents provided by you, we prepare the Chinese patent application documents. We can prepare the documents based on a priority patent provided by you, or directly draft the Chinese patent application documents based on the photos and descriptions provided by you.The documents include:
   • Pictures or photographs (if color protection is required, color pictures or photographs must be submitted)
   • Brief description of the design
3. The brief description should include the following contents:
   • Name of the product with the design: The product name in the brief description should be consistent with that in the request form.
   • Purpose of the product with the design: The brief description should state the use of the product, helping to determine its category. For products with multiple uses, the brief description should list all uses.
   • Key points of the design: The key points are the shape, pattern, and their combination, or the combination of color with shape and pattern, that distinguish the product from existing designs. The description of the key points should be concise.
   • Specify a picture or photograph that best illustrates the design: The specified picture or photograph will be used for publishing in the patent gazette.

Additionally, the following situations should be specified in the brief description:

• Protection of color or omitted views: If color protection is requested, it must be declared in the brief description. If views are omitted, the applicant should generally state the specific reason for the omission, such as symmetry or sameness; if difficult to state, it can simply indicate the omission, e.g., “top view omitted” for large equipment.
• Multiple similar designs for the same product: One of the designs should be designated as the basic design in the brief description.
• Continuous patterns for flat products: For products like fabrics or wallpapers, it may be necessary to describe continuous patterns without defined boundaries.
• Elongated items: For elongated items, it may be necessary to state that the length is represented in a simplified manner.
• Transparent materials or special visual effects: If the product is made of transparent materials or new materials with special visual effects, it should be stated in the brief description.
• Set products: If the design is for a set of products, the names of each component should be stated. The brief description should not use commercial promotional language or describe the performance and internal structure of the product.

4. Picture Requirements According to the Patent Examination Guidelines, the requirements for views of design patents are:
   • Three-dimensional products: If the design key points involve all six faces of the product, six orthographic views should be submitted. If the design key points involve only one or several faces, at least the orthographic views of the relevant faces and a perspective view should be submitted, and the reasons for omitting views should be stated in the brief description.
   • Flat products: If the design key points involve one face, only the orthographic view of that face can be submitted; if two faces are involved, orthographic views of both faces should be submitted. If necessary, the applicant should also submit an exploded view, sectional view, cross-sectional view, enlarged view, and state-change view of the design product.
   • Additionally, applicants can submit reference views, which are typically used to show the use, method of use, or usage environment of the product with the design. Colors include black, white, gray, and colored series. For applications that declare protection of color in the brief description, the colors in the pictures should be firm and not easy to fade.

Application Timeline

The design patent application process includes the application stage, examination stage, and authorization stage. Unlike invention patents, design patents do not undergo substantive examination, resulting in a shorter application time of approximately 6-12 months.

China implements a preliminary examination system for design patents, focusing on apparent substantive defects and formal examination. Article 44 of the Implementing Regulations of the Patent Law stipulates the provisions related to the preliminary examination of designs. Therefore, a high-quality design application should meet all formal and apparent substantive requirements at the application stage, enabling quick authorization. Once authorized, the claims should maintain relative stability and validity, providing effective protection for the design.

Application Process

1. Submitting the Patent Application to the Patent Office
   • Submission Methods: Patent applications can be submitted electronically or in paper form.
2. Acceptance and Payment of Application Fee
   • Upon receiving the application documents, the Patent Office issues a Notice of Acceptance and a Notice of Payment for the Application Fee. We will pay the application fee as required by the notice.
   • Payment Methods: We will pay the patent fees directly to the Patent Office or through its local agencies.
3. Examination Stage
   • China conducts a preliminary examination of design patent applications. The design to be granted a patent should not belong to an existing design; no other unit or individual should have filed an application for the same design before the filing date in China and recorded in the patent documents published after the filing date. The design to be granted a patent should have a clear distinction compared to the existing design or a combination of existing design features. The design to be granted a patent must not conflict with the legitimate rights obtained by others before the filing date.
4. Authorization Stage
   • Authorization: Upon passing the examination, the examiner issues a Notice of Granting Patent Rights. The applicant must complete the following registration procedures upon receiving this notice:
     • Pay the patent registration fee, annual fee for the grant, publication printing fee, and patent certificate stamp tax within the specified period.
   • Issuance of Certificate: After completing the registration procedures, the applicant receives the patent certificate, usually within 2-3 months.

Design patent applications are only subject to acceptance, preliminary examination, and authorization, without publication and substantive examination during the authorization process. Therefore, design patents are easier to authorize compared to invention patents.