Our China IP lawyers have recently been looking at a steady improve in China design and style patent filings, as Western companies increasingly appear to understand the need to have to be proactive in preserving their IP from China. We file most design and style patents to defend item models, but some are submitted for defensive needs. The defensive design and style patents are submitted not so significantly to defend the filer’s personal design and style, but to avoid Chinese companies from securing and utilizing China design and style patents to block Western companies from promoting in China or even exporting from China.
When known as on to file a China design and style patent, our China lawyers usually request the next facts for the filing:
- The identify and passport quantity (if you are not a PRC citizen) or your nationwide ID quantity (if you are a PRC citizen) of the individual who developed the item for which you are in search of the China design and style patent. If you commissioned a design and style company who truly developed the item, the identify should be that of the individual at the design and style company.
- The precedence date, if suitable. You would only have a precedence date if you submitted for a design and style patent software for this design and style in a jurisdiction other than China in the earlier 6 months.
- If you earlier submitted a design and style patent software in a jurisdiction other than China, make sure you deliver us a copy of the filing documents.
- A established of official drawings for the design and style. Assuming you want the China design and style patent to cover all sides of you item, we need to have need to have an orthographic projection of all sides — generally this implies six sides: major, bottom, remaining, suitable, entrance, back again, moreover a point of view graphic. The drawings can not have dotted or dashed lines, or shading to indicate point of view.
- A brief (a person-paragraph) description of the identify and use of the item incorporating the design and style, and the important characteristics of the design and style.
Take note that China design and style patents require complete novelty. This implies that if you have by now disclosed or commercialized this item any where in the globe, it is not eligible for design and style patent defense in China. That stated, if you by now submitted for a design and style patent in a Paris Conference place (which consists of pretty much every place in the globe) you may be in a position to file for a design and style patent in China on a precedence foundation and claim the before-submitted date as the powerful filing date for your China software.
When we accumulate the over facts, we will review it and then established it up for a design and style patent filing in China. Which is fairly significantly it — there will be no substantive examine by the China patent authorities for prior art or something else. The only time the China patent place of work substantively reviews design and style patents are when they are challenged for validity.
For far more on China design and style patents, examine out the next: