The design protection system was established in China in 1985. Since then, designs are protected in accordance with PRC’s Patent Law. “Design” in PRC’s Patent law refers to the any new design of a product, including shape, or pattern or a combination of color, shape and pattern of a product. Unlike traditional patents design patents are not required to be inventive, however they must have a unique aesthetic “feel” and be fit for industrial application. A design patent is protected for 10 years from the date of filing.
To apply to patent a design, the applicant shall submit an application, pictures or photos of the design, a brief introduction of the design, along with other required documents. The pictures submitted by the applicant should clearly show the product design to be patented. After the application is filed, the patent office will carry out preliminary examination, which is limited to whether or not the application includes all the documents, and does not include design will have sole ownership of that design, and priority rights in the event of
substantive review of the patent or comparison to previous design patents. Assuming you have prepared your design patent application properly, you have a good chance to get a design patent in China.
Design patents are of importance because they help consumers identify the source of products. This enables them to make a quick assessment on the basis of their overall impression of the associated brand. Though this assessment can be arbitrary, it is of increasing significance in an increasingly fast paced society, where fewer and fewer people spend time performing thorough research. In this regard, design patents play a role similar to a trademark. Think about the shape and the pattern of Coca Cola bottle. Every time people see this representative bottle, they associate it with Coca Cola. To a large extent, the design of bottle has been integrated into the branding of Coca Cola.
China follows the first-to-file rule in reviewing and approving design patents. That means the first to file a particular any dispute.