Industrial Design

China

BASIC FACTS

Registrable Designs as per the Act
Followings are the Registrable Subject Matter for Industrial Design Protection: 1. An arrangement of colours or lines which gives a distinctive appearance to an industrial or handicraft object.
Designs not Registrable
Industrial Design protection excludes the following: 1. Designs the use of which may undermine public order or offend public morality. 2. Designs which serve solely to obtain a technical result.
Non-convention Application
Yes
Convention Application
Yes
Utility Model Protection is provided under Industrial Design
No
Type of Application
N/A
Requirement for Novelty
N/A
Time Period
10 Years
Effective Date
Application Date

PROSECUTION

Number of Views Required
6
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Signed
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
No
Home / Foreign Registration Certificate, with required translation
No
Declaration of Use
No
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
Yes
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
2-4 Months
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
3-5 Months
Applicability of Examination
N/A
Time of Examination
N/A
Time Frame from the Date of Application
N/A
Deadline to File the Reply
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
No
Time Frame of Publication from Date of Acceptance
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
2 Months

OPPOSITION

Opposition Period
Opposition can be filed anytime after registration.
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
N/A

RENEWAL

First Renewal will be due in the year
Upon Registration
Subsequent Renewal will be due in the year
Next Year following the First Renewal
Grace Period
6 Months
Time Frame for payment of Renewal before Due Date
12 Months
Time Frame for Issuance of Certificate
N/A
Power of Attorney
N/A
Registration Certificate
N/A
Declaration / Affidavit of USE
N/A

RECORDALS

Recordals are Permissible for pending Application
Yes
Time Frame for Issuance of Certificate
1-2 Months
Change of Name / Legal form / Address
Power of Attorney Signed
Certified copy of extract from Registrar of Companies, with required translation Notarized or Original Copy
Assignment
Power of Attorney Signed
Deed of Assignment Notarized or Original Signed Copy
Merger
Power of Attorney Signed
Deed of Merger Notarized or Original Copy
License
Power of Attorney Signed
License Agreement Notarized or Original Signed Copy