TThhee DDeessiiggnn PPaatteenntt iinn CChhiinana
Industrial Design Examination Department， SIPO of P.R.C.
PDF created with pdfFactory Pro trial version www.pdffactory.com Establishment of Design Protection System in China
• April 1 1985. 04.01
• Design is protected along with invention and utility model on the basis of Chinese Patent Law.
2
PDF created with pdfFactory Pro trial version www.pdffactory.com Developments of the Chinese Design Protection System
China acceded to
• the Paris Convention on November 14 1984 • the LocarnoAgreement on September 19 1996 • the World Trade Organization (WTO) on December 10 2001 (undertaking the obligations of the TRIPS agreement, of course, its provisions of design protection as well).
• Not yet acceded to Hague Agreement
3
PDF created with pdfFactory Pro trial version www.pdffactory.com China’s Present Design Protection System
Protection Term
10 years from the date of filing.
4
PDF created with pdfFactory Pro trial version www.pdffactory.com China’s Present Design Protection System
Design Examination System
The Application Documents
• Request • Drawings or photographs • Brief explanation • Other relevant documents
5
PDF created with pdfFactory Pro trial version www.pdffactory.com Examination System
• Preliminary Examination • First-to-file Rule
6
PDF created with pdfFactory Pro trial version www.pdffactory.com Three-dimensional design
right view front view left view
Space diagram
top view back view
7
PDF created with pdfFactory Pro trial version www.pdffactory.com Plane design:
front view back view
8
PDF created with pdfFactory Pro trial version www.pdffactory.com Plane design: The applicant shall submit the orthographic projection view of the side concerned if the main points of the design of the product involve the view of one side only.
front view
9
PDF created with pdfFactory Pro trial version www.pdffactory.com China’s Present Design Protection System
Design Examination System
Design of Products in Set • Belonging to the same subclass • Being sold at the same time • Being used at the same time • Having the same designing concept
10
PDF created with pdfFactory Pro trial version www.pdffactory.com Examples: •A set of coffee utensils consisting of coffee cup, coffee pot, milk pot and sugar pot.
11
PDF created with pdfFactory Pro trial version www.pdffactory.com The four-piece beddings consisting of bedspread, sheet, pillow case and cushion case.
Design of Products in Set :
3 front view
1 front view 2 front view 4 front view
12
PDF created with pdfFactory Pro trial version www.pdffactory.com China’s Present Design Protection System
Design Examination System
Check According to Article 5 of Law • No patent right shall be granted for any invention-creation that (1) is contrary to the laws of the state; (2) is contrary to the social morality; (3) is detrimental to public interest.
13
PDF created with pdfFactory Pro trial version www.pdffactory.com Examples: Takes the national flag or national emblem as the pattern.
Name: packing bag
14
PDF created with pdfFactory Pro trial version www.pdffactory.com • Takes the Olympic symbol or relevant symbols as the pattern.
front view (packing box)
15
PDF created with pdfFactory Pro trial version www.pdffactory.com Subject Matter for Which No Design Patent Shall Be Granted
• Any fixed building, bridge and the like which depends on their specific geographic conditions and cannot be rebuilt elsewhere
16
PDF created with pdfFactory Pro trial version www.pdffactory.com • Any product which has no fixed shape, pattern or color
decoration cocktail
17
PDF created with pdfFactory Pro trial version www.pdffactory.com • Any component part of the product which cannot be partitioned or sold or used separately
handle of vase
vase 18
PDF created with pdfFactory Pro trial version www.pdffactory.com • Any product consisting of several component parts and the component part is not a product which has any value of independent use
a plug-in piece toy
19
PDF created with pdfFactory Pro trial version www.pdffactory.com • Any product which cannot be perceived by the visual sense or the shape, pattern or color of which is difficult to be determined with the naked eye
20
PDF created with pdfFactory Pro trial version www.pdffactory.com • Any design for which the protection is sought is not the design of the state of normal product
a flower made with a handkerchief handkerchief
21
PDF created with pdfFactory Pro trial version www.pdffactory.com • Any design the main body of which is the original shape, pattern or color of the natural object
a sculpture made with root
22
PDF created with pdfFactory Pro trial version www.pdffactory.com • Any work which belongs wholly to the field of fine arts
traditional Chinese painting 23
PDF created with pdfFactory Pro trial version www.pdffactory.com • Any design which is constituted only by geometric shapes or patterns of common sight in the field of the relevant product
packing box 24
PDF created with pdfFactory Pro trial version www.pdffactory.com • The sound and meanings of the words and numbers
25
PDF created with pdfFactory Pro trial version www.pdffactory.com • The pattern of design only displays when the product is electrified
front view
26
PDF created with pdfFactory Pro trial version www.pdffactory.com The Numbers of Applications for Patents for Industrial Design (1985-2005) 250000
application 200000 patent granted
150000
100000
50000
0 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 8 8 8 8 8 9 9 9 9 9 9 9 9 9 9 0 0 0 0 0 0 0 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 0 0 0 0 0 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 27
PDF created with pdfFactory Pro trial version www.pdffactory.com Applications for Design Received from Home and Abroad, 2005
Domestic 7.20% 151587 92.80% Foreign 11784
28
PDF created with pdfFactory Pro trial version www.pdffactory.com General Information of the Design Examination Department
DDeessiiggnn EExxaammiinnaattiioonn DDepepaartrtmmentent
NNoo. .1 1 NNoo.2.2 PPrroocecedudurere DDeessigignn EExxaammininaattioionn EExxaammininaattioionn MMaannagageemmeenntt RReesseeaarcrchh DiDivvisisionion DiDivvisisionion DiDivvisisionion DiDivvisisionion
29
PDF created with pdfFactory Pro trial version www.pdffactory.com Post Grant Procedure for Design Patents
——Reexamination Procedure
——Invalidation Procedure
——Administrative reconsideration Procedure
——Administrative lawsuit Procedure
——legal proceedings for infringement lawsuit
30
PDF created with pdfFactory Pro trial version www.pdffactory.com Statistics of the Design Reexamination and Invalidation 900 Applications Deicisions 800 700 600 500 400 300 200 100 0 200020012002200320042005 31
PDF created with pdfFactory Pro trial version www.pdffactory.com Legislative Issues and Trends for Development
• The third Amendmentof Law • Examination System • To Establish Search Database • Research about Hague Agreement
32
PDF created with pdfFactory Pro trial version www.pdffactory.com THANK YOU !
33
PDF created with pdfFactory Pro trial version www.pdffactory.com