Industrial design registration in China. This article will introduce about Required documents of filing an industrial design application in China, General Design application Procedure, The fees of registering industrial design in China.
5 Required documents for industrial design registration in China
- Power of Attorney or General Power of Attorney
- Signed by the applicant (notarization not required).
- Information Sheet
- Name, Address and Nationality of the applicant(s) and/or creator(s)
- Description of the article to which the design is applied (if needed).
- The drawings or Photographs must show six views of the article: front elevational view; rear elevational view; left side elevational view; right side elevational view; top view.
- Priority Documents, if priority is being claimed.
- Priority can be claimed within six months of the first filing date, and priority documents and the translation thereof should be filed within three months of the filing date in China.
Industrial Design application Procedure in China.
Step 1: Filing an Application to SIPO.
Pursuant to Article 19 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the Patent Administration Department Under the State Council to act as his or its agent.
Step 2: Formality Examination
When a design application is submitted to SIPO, it is checked to ensure that all requirements necessary to accord the application a filing date have been satisfied.
Step 3 Substantive examination; Publication and grant
Where the examiners find no grounds for refusal of a design application, SIPO publishes the design registration after the design applicant pays the registration fee. And the design is granted at the same time.
Fee for registering new industrial design in China.
The fee of design registration in China depends on the number of drawings.
Normally, fee for design registration in China from filing to granting as below:
|Filing an industrial design application in China||875|
|Formality Examination an industrial design||0|
|Publication fee of Design Applicaton||0|
|Substantive examination; Publication and Grant||0|
The above fee include office fee and attorney fee, but it does not include bank charge (20$) and mail fee (30$)
Note of industrial design registration in China.
Either the inventor of an invention or his assignee can file a design application for the invention with SIPO. The applicant may be either a natural person or a juristic person.
Claim of Priority
In order to enjoy the priority right, an application should be filed in the People’s Republic of China within 6 months from the date of the priority application. The priority document above mentioned may be submitted within 3 months from the filing date. If the priority document is not submitted within that period of time, the claim of priority will become null and void.
ABB Law Service for industrial design registration in China
- Taking application order from a client
- Checking if all the necessary documents are prepared.
- ABB Law Prepares documents for Design application into China.
- Reviewing the Design application documents in accordance with the China Patent Law and practice.
- Submitting the application documents to the State Intellectual Property Office of the P.R.China.
- Informing the client of application number by fax.
- Sending the application documents by DHL.