Legislation
The Patent Law is enacted to protect the legitimate rights of patentees, to encourage inventions-creations, to advance the exploitation of inventions-creations, to enhance innovation capability, and to promote the progress of science and technology and the development of economy and society.
Inventions and creations or invention-creations in the China patent law include inventions, utility models, and designs.
Patent Law & Implementing Regulations
Patent Law: Adopted by the Standing Committee of National People's Congress on March 12, 1984 and entering into force on April 1, 1985, amended for the first time on September 4, 1992, amended for the second time on August 25, 2000, amended for the third time on December 27, 2008, amended for the fourth time on October 17, 2020 and entering into force on June 1, 2021.
Implementing Regulations: Promulgated by the State Council on January 19, 1985 and entering into force on April 1; revised on December 21, 1992 and entering into force on January 1, 1993; and repealed on July 1, 2001. Promulgated June 15, 2001 and entering into force on July 1, 2001, revised for the first time on December 28, 2002, revised for the second time on January 9, 2010, and revised for the third time on December 11, 2023 and entering into force on January 20, 2024.
International Conventions
China became a member of the Convention Establishing the World Intellectual Property Organization on June 4, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Patent Cooperation Treaty (PCT) on January 1, 1994, the Regulations under the Patent Cooperation Treaty on January 1, 1994, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure on July 1, 1995, the Locarno Agreement Establishing an International Classification for Industrial Designs on September 19, 1996, the Strasbourg Agreement Concerning the International Patent Classification on June 19, 1997, the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001, and the Hague Agreement Concerning the International Registration of Industrial Designs on May 5, 2022.
Patent Administration
The China National Intellectual Property Administration (CNIPA) is responsible for the patent work throughout the country. It receives and examines patent applications, and grants patents in accordance with the law.
The local intellectual property offices in provinces, autonomous regions and municipalities directly under the central government are responsible for the administrative work concerning patents in their respective administrative areas.
Design Patents
In China, the design protection system is under the Patent Law.
For obtaining a design patent, the right holder of the design may directly submit a patent application to the CNIPA. After preliminary examinations, the CNIPA will grant a patent if the conditions for granting a patent are met. The patentee enjoys the rights to the granted design patent, and others shall not infringe upon this patent.
For the details about how to obtain a design patent through direct design applications under Paris Convention before the CNIPA, please see ourOutline of CN Patent System_Basics_Design:
This article will mainly focus on international design registration under the Hague system, and obtaining design protection in China through designating China in international registration applications.
Design Registrations
Other than design patents, design registration is another approach for design protection. Some countries, such as EP, UK and Japan, adopt a registration system to register designs and grant exclusive rights to use registered designs, which is similar to the trademark registration system.
A registered design is obtained through an application for registration. After a registration application is approval by the relevant authorities, a registration certificate is issued and the registered design is announced. The registrant has exclusive rights to the registered design. Others are prohibited from using the registered design on identical or similar products without the registrant's authorization; otherwise, it constitutes infringement.
Why to Protect Designs in Other Countries
Design patents or registrations are territorial in nature and are only protected in the countries where the patents are granted or the registrations are approved.
Where an enterprise has obtained a design patent in its own country but has not obtained a patent in another target country, the design covered by the patent in its own country will not be protected in that target country. Therefore, others in that target country may use the design for free.
In such case, the enterprise will have no advantages brought by design protection in the market of that target country, which will affect the enterprise's competitiveness in that market. In addition, if others have similar patents in the target country, the enterprise may also face the risk of being sued for patent infringement.
Therefore, in order to avoid possible disadvantageous situations, an enterprise inanycountry should consider applying for patents in other target countries outsidetheir own country before exporting their products to such target countries, thereby seeking patent protection and safeguarding their legitimate rights and interests.
How to Obtain Patents in Other Countries
Design owners generally have two options for seeking design protection in other countries:
- Filing applications directly one by one with each of the relevant authorities in the target countries or regions to obtain design protection.
- Under the Hague Agreement, filing a single international application, designating multiple contracting states, obtaining international registration, and after examination in the target countries/regions, obtaining design protection in each of multiple contracting states.
Direct Applications
To directly apply for design patents or registrations in a designated country or region under Paris Convention, the owner needs to submit an application to the relevant authority of the country or region and pay the relevant official fees. After the authority examines and grants or approves the application, the owner can obtain a design patent or registration.
The regions mentioned above include:
(1) Benelux Union: having 3 member states, including Belgium, the Netherlands and Luxembourg;
(2) European Union (EU): currently having 27 member states, including Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden;
(3) Eurasian Patent Organization (EAPO): currently having 8 member states, including Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Turkmenistan;
(4) African Regional Intellectual Property Organization (ARIPO): currently having 22 member states, including Botswana, Cape Verde, Swaziland, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Seychelles, Sierra Leone, Somalia, Sudan, Tanzania, Uganda, Zambia and Zimbabwe;
(5) African Intellectual Property Organization (OAPI): currently having 17 member states, including Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo.
For designs, some countries or regions, such as the Benelux Union, the European Union, and Japan, adopt a registration system, similar to the trademark registration system, while others, such as China, adopt a patent system to grant design patents.
Regardless of the system adopted by each contracting state, applicants can obtain design protection in designated countries or regions by applying for and obtaining international registration under the Hague system.
Regulations and fees vary by country or region. Generally, fees are higher in developed countries and lower in developing countries.
This article focuses on Hague design international applications, and the filing of direct design applications will covered separately.
Please contact us directly when you have such needs.
International Design Registration (Hague System)
The Hague Agreement currently has 80 members, covering nearly 100 countries. For details, see
https://www.wipo.int/hague/memberprofiles/selectmember
Under the Hague System, an applicant only needs to submit one international application (rather than submit separate applications in multiple countries or regions) and designate specific member countries/regions where they wish to obtain design protection.
Direct Application vs. International Application
There are advantages and disadvantages to applying for design patents or registrations directly abroad or through international applications.
Direct Application: The prosecution process is relatively simple, with a shorter grant time and lower fees. However, applications must be filed one by one separately in the languages of the target countries, and the filing period is shorter (within the 6-month priority period).
The Hague System offers a simple and cost-effective way to secure international design protection across multiple countries with a single application. It provides design owners with a centralized and efficient process to manage their design rights worldwide.
If you need to file a Hague design international registration and seek international protection for your design, please contact us directly.
Hague International Designs
Currently, the Hague Agreement has eighty contracting parties, representing nearly one hundred countries. On May 5, 2022, China deposited its instrument of accession with the World Intellectual Property Organization (WIPO), officially becoming the 77th member of the Hague Union. Since then, Chinese applicants can submit a single application for international design registration ("international design application") through the Hague System to register up to 100 designs for products of the same class in over ninety countries worldwide.
- Filing an International Design Application
Who may Apply
Nationals of countries or regions covered by the Hague Agreement, or natural or legal persons with a real and effective industrial or commercial establishment, domicile, or habitual residence in such countries or regions, may file an application for an international design registration under the Hague Agreement.
Any individual or legal entity who is a national of, is domiciled in, habitually resides in, or has a real and effective industrial or commercial establishment in a country or intergovernmental organization that is a member of the Hague Agreementcan file an international design application through theHague System.
This means you can file an application if you have a connection to at least one of the Hague System's contracting parties, which include many countries and theEuropean Union.
Required Information and Documents
The contents of an international application are divided into three categories: mandatory contents, supplementary mandatory contents, and optional contents. They are as follows:
Mandatory contents
A clear request to apply for international registration;
Applicant details (applicant's name, address, telephone number);
Entitlement to file (the contracting party of which the applicant is a national, or in which it/he has a domicile or a real and effective industrial or commercial establishment or habitual residence);
Applicant's Contracting Party (only if the 1999 Act applies);
Number of designs, reproductions and/or specimens;
Product indication and view information (indicating what the designs consist of; design product description, view descriptions, title, intended use, and reasons for omitting views, etc.);
Designated Contracting Parties (where design protection is sought; it is mandatory to indicate all Contracting Parties where protection is sought. No Contracting Parties may be added afterwards.);
Payment of Official fees (basic fee, publication fee, and designation fees).
Supplementary mandatory contents
Designer details (designer's name, address, city, country);
Description and/or claims (if the Contracting Party requires the description or claims);
Main or principal design.
Optional contents
Priority claim (if applicable, the international application must be filed within six months after the filing of the first application and claim priority at the time of filing);
Appointment of a representative (representative details, contact information);
Exception to lack of novelty (non-prejudicial disclosure, this declaration is acceptable if China, Japan, or South Korea is designated);
Time chosen for publication of the international registration;
View titles.
Supporting documents
Oath or declaration of the designer/creator (if applicable);
Information on eligibility for protection (if applicable);
Supporting document(s) concerning priority claim (if applicable);
Supporting document(s) concerning a declaration on the exception to lack of novelty (if applicable);
Other documents (required by the Contracting Parties depending on the situation of the particular application).
View Requirements
View Quality:
All details in views must be clearly discernible and meet publication requirements.
View Content:
Views must have consistent projections and a clear background, and contain only the claimed design.
Line drawings may be submitted, but technical drawings with axes, dimension markings, and explanatory text are not permitted.
Black-and-white or color photographs or drawings may be used, but it is not allowed to use two or more types of them together within a single application, for example mixing black-and-white and color drawings in one application.
Portions not claimed for protection may be indicated by dotted lines or translucent coating, and this should be explained in the brief description.
Reference drawings that include the environment in which the product will be used or other objects should be disclaimed in the brief description.
View Projections (if China is designated):
Sufficient views should be provided, including: front view, rear view, left view, right view, top view, bottom view, and perspective view.
If necessary, enlarged views, sectional views, exploded views, or views in changing state may be submitted to more clearly illustrate the design.
Identical or symmetrical views may be omitted, and the reason for the omission should be explained in the description.
For designs of three-dimensional products, if the key design elements involve six surfaces, the applicant should submit orthographic projections of all six surfaces.
For designs involving only one or several surfaces, the applicant should submit orthographic projections of the involved surfaces. For other surfaces, either orthographic projections or perspective views may be submitted, unless the surface is difficult to see or cannot be seen during use.
For designs submitted as partial designs, a perspective view of the entire product, including the partial design elements, should also be submitted.
Graphical User Interface (if China is designated):
Designs involving a graphical user interface (GUI) may be submitted as either a full product design or a partial design.
For an application submitted as a full product design, if the key design elements lie solely in the GUI, the applicant must submit at least an orthographic view of the product covering the GUI.
For an application submitted as a partial design of a product incorporating a GUI, the applicant must submit an orthographic view of the product covering the GUI. For a GUI applicable to any electronic device, the applicant may submit views of the GUI only.
For a dynamic GUI, views of the GUI covering the initial state must be submitted as the main view. For other states, views of the GUI's keyframes may be submitted as views in changing state. The submitted views should uniquely identify the complete transition process of the dynamic GUI.
Technical Requirements for Views:
Views submitted electronically:
Image format: JPEG or TIFF;
File size: No more than 2Mb;
Color: RGB or grayscale;
Borders: 1-20 pixels whitespace;
Resolution: 300 dpi;
Dimensions: Not exceeding 1890 x 1890 pixels; for printed dimensions, not exceeding 16 x 16 cm;
At least one reproduction (view) of each design must have a dimension of not smaller than 3 x 3 cm.
Views submitted in paper:
Views must be pasted or printed directly onto separate, white, opaque A4 sheets. The sheets must be held upright. The number of views per page must not exceed 25. A minimum of 5 mm of margin must be left around the views.
Filing Options
Applicants may submit their international design applications directly to the International Bureau ("IB"); they may also choose to submit the applications through the competent office of their home country, which will then forward them to the IB.
If at least one applicant has a permanent residence or place of business in China and has chosen China as the Contracting Party, they may choose to submit their international design application documents to the CNIPA, which will then forward the application to the IB. Application documents must be written in English and include Chinese mainland communication information in Chinese. If the international design application is forwarded through the CNIPA, subsequent documents must be submitted directly to the IB.
Applicants may submit their international registration applications to the IB themselves or entrust a representative (agent) to handle the relevant matters.
Language
Applicants may file their international design applications in English, French, or Spanish.
Filing an Application
An international application does not require a prior national application or registration and can be filed as a first application.
An international application may include several different designs (a "multiple-design application"), up to a maximum of 100. However, all designs in an application must belong to the same class of the Locarno International Classification. Thus the international application is a "single class" application.
An international application must, in particular, include reproductions of the designs and designate the Contracting Parties in which protection is sought. Applications must be filed in English, French, or Spanish.
Official Fees
The official fees payable for an international design application include a basic fee, a publication fee, and designation fees. The designation fees are for each designated Contracting Party.
The official fees for an international design registration application can be estimated by using the WIPO calculator athttps://www.wipo.int/web/hague-system/fees/calculator.
Filing Date
Filing an application directly to the IB
The filing date is the date on which the IB receives the application for international registration.
Filing an application to the IB through the Competent Office of a Contracting Party
The filing date is the date on which the competent office of the applicant's Contracting Party receives the application, provided that the IB receives the application within one month from that date.
Irregularities in the application documents may result in a deferred filing date. These include failure to use one of the prescribed languages, failure to designate a Contracting Party, and the absence of a statement identifying the applicant.
Certified Copy of the Priority Document
If an international design application claims priority, the international registration application form (Form DM/1) must include the relevant information regarding the priority claim (filing date and application number of the prior application, name of the original receiving authority, and the design element(s) corresponding to the priority claim).
The need to submit a certified copy of the priority document and the deadline for submission depend on the domestic laws of the designated Contracting Party.
If China is designated, there are three ways to submit a certified copy of the priority document:
1) Providing the DAS code when filing the international application;
2) If no DAS code is provided, submitting Annex V of Form DM/1 and a certified copy of the prior application document at the time of filing the international application;
3) Submitting a certified copy of the prior application document directly to the CNIPA within three months of the publication date of the international registration.
If the applicant recorded in the certified copy of the prior application document is different from the applicant recorded in the international application, the applicant must also submit a relevant certificate of priority assignment within the aforementioned deadline.
Formal Examination by the IB
Upon receipt of the international application and payment of at least the basic fee for one design, the IB will check whether the application complies with the prescribed formal requirements. The IB does not appraise or concern the novelty of the design and is therefore not entitled to reject the international application on the grounds of the lack of novelty or any other substantive defects.
If the international design application does not meet the requirements, the IB will issue a notice of irregularity. The applicant shall overcome the identified problems within three months from the date of issuance of the notice. Otherwise, the international design application will be deemed abandoned.
When the following irregularities occur, the filing date of the international design application will be delayed to the date on which the IB receives the correction of such irregularities:
(1) The official language (English, French, or Spanish) is not used;
(2) No reproductions (views) are submitted;
(3) No contracting party is designated;
(4) There is no applicant information.
International Publication
Where an international design application complies with the prescribed formal requirements, the IB accords an international registration date and then publishes it internationally in the International Designs Bulletin.
The publication of international registrations includes: standard publication, immediate publication, and publication at a chosen time. At the time of filing, applicants can choose immediate publication or publication at a chosen time; if the applicant does not make a choice, the IB will publish the international design application in a standard manner. Before the chosen publication time, applicants can request early publication.
(1) Standard publication: Generally, the international registration is published 12 months after the international registration date.
(2) Immediate publication: If the applicant requests immediate publication, the IB will publish it immediately after completing the international registration.
(3) Publication at a chosen time: The applicant can choose to publish within less than 12 months or more than 12 months after the international registration date, but the maximum time shall not exceed 30 months.
Substantive Examination in Designated Countries/Regions
Upon publication of the international registration, the IP Office of each designated Contracting Party can proceed with the substantive examination, if any, provided for by its own legislation.
If, upon examination, the application does not comply with the related regulations, the Office will notify, within six or twelve months from the date of publication of the international registration, to the IB a refusal of protection for its territory. The IB will then send this notice to the applicant.
Where the Office of a Contracting Party is anExamining Officethat examines the international design application to at least determine whether the design meets the novelty requirements, or provides for a procedure for opposition to the grant of protection, it may extend the refusal period to 12 months.
The applicant must submit a response to the Office within the time limit specified in the notice of refusal and, if necessary, entrust an IP firm to represent it before the Office.
Where the Office has not found any grounds for refusal, it will send a statement of grant of protection to the IB within six or twelve months of the date of publication of the international registration, which will then be communicated by the IB to the applicant.
Where issuing a statement of grant of protection for an
international design application, the Office publishes the
announcement for the grant in accordance with its related
regulations. The exclusive rights or patents granted for the
international design application will take effect in the designated
country/region from the date of announcement.
Duration of Protection
The initial term of protection for an international registration is five years, and may be renewed for at least two additional five-year terms in each designated Contracting Party, until the expiration of the maximum term of protection permitted under the relevant laws of that Contracting Party.
Renewal
Six months before the expiration of each five-year term, the IB sends a notification to the registrant and representative (if any) indicating the expiration date of the international registration and the maximum terms of protection notified to the IB by the relevant Contracting Parties.
A registrant may renew its/his/her international registration for only some of the designated Contracting Parties and for only some of the internationally registered designs.
The registrant must directly pay to the IB the renewal fees for international registration, which include a basic fee, an individual designation fee for each Contracting Parties requiring such fee, and a standard designation fee for each of the other Contracting Parties for which the international registration is to be renewed.
Where the international registration has been renewed, the IB will send the registrant a certificate of renewal and publish the renewal.
If the registrant fails to pay the required renewal fees by the due date, but pays the grace period fee and the full renewal fees within six months after that date, the international registration may be renewed. If the international registration is not renewed due to the registrant's failure to pay or pay in full the renewal fees, this fact will be published in the Bulletin six months after the due date. The international registration will expire on the date of expiration of the previous protection term.
Changes in the International Register
To ensure accuracy and proper management of the international registration, it's crucial to notify the IB of any changes promptly. The following changes may be recorded in the International Register:
Change of the name or mailing address of the registrant;
Change of ownership of the international registration;
Change or cancellation of the representative;
Renunciation of all designs in the international registration in any or all designated Contracting Parties;
Limitation of some designs in the international registration in any or all designated Contracting Parties.
Requests to record these changes must be made to and the official fees must be paid to the IB. However, the recordal of a change in the representative is free of charge.
If the formalities are satisfactory, the IB will record the changes in the International Register and notify the new registrant and/or previous registrant.
- Substantive Examination and Protection in China
Upon publication of the international registration for an international design registration application filed under the Hague Agreement with China as one of the designated Contracting Parties, the international registration enters into the stage of substantive examination and protection in China. The CNIPA can proceed with the substantive examination pursuant to the law of China and then issue a statement of grant of protection if no grounds for refusal are found.
The following are the special regulations about conditions and procedures for the CNIPA's handling of international applications for design registration filed under the Hague Agreement and designating China. For those that are not covered by the following, the provisions of the China Patent Law and the related regulations shall apply.
Filing Date, Application Date
An international design application that has been assigned an international registration date under Hague Agreement and designates China shall be deemed as a design patent application filed with the CNIPA; and the international registration date shall be deemed as the filing date (application date) under the China Patent Law.
National Application Number
After the international design application is published by the IB, the CNIPA assigns a national application number to the international design application transmitted by the IB.
Examination
Upon the IB's publication of an international design application, the CNIPA makes substantive examination on the international design application and then notifies the IB of its decision.
Priority
If an international design application published by the IB claims one or more priorities, it shall be deemed that a written declaration has been made under the Patent Law.
If an applicant claims foreign priority in the international design application, it or he or she must submit a certified copy of the prior application document within three months from the date of publication of the international design application. If such a copy is not submitted within the deadline, the priority will be deemed not to have been claimed.
If the applicant in the international design application is not the same as the applicant recorded in the certified copy of the prior application document, the applicant must submit a certification of the assignment to the CNIPA within three months from the date of publication of the international design application. If such a certificate is not submitted within the deadline, the priority will be deemed not to have been claimed.
If an international design application is deemed not to have claimed priority, it could not be revived.
Exemption to lack of novelty or non-prejudicial disclosure
Where the design in an international design application involves pre-filing disclosure and falls under the following circumstances regarding exemption to lack of novelty or non-prejudicial disclosure under the China Patent Law:
(a) the design is first exhibited at an international exhibition sponsored or recognized by the Chinese government, or
(b) the design is first published at a prescribed academic or technical conference,
the applicant must make a declaration concerning an exception to lack of novelty (or non-prejudicial disclosure) when filing the international design application and submit relevant supporting documents to the CNIPA within two months from the date of publication of the international design application.
Where the exemption to lack of novelty or non-prejudicial disclosure falls under the following circumstances:
(c) the design is first disclosed for the purpose of public interest during a national emergency or extraordinary situation, or
(d) the design is disclosed by others without the consent of the applicant,
the CNIPA may, if deeming it necessary, require the applicant to submit supporting documents to the CNIPA within a specified period.
Divisional Applications
Where an international design application includes two or more designs, the applicant may submit a divisional application to the CNIPA and pay related fees within two months from the date of international publication of the international design application.
Where an applicant files a divisional application based on an office action of a Chinese examiner, the divisional application must be filed no later than two months from the date of the domestic publication of the original application.
After the expiration of the above-mentioned periods, or if the original application has been rejected or the original application has been deemed withdrawn and the rights have not been restored, a divisional application generally may not be filed.
Brief Specification
Where an international design application published by the IB includes a description containing key design elements of the design, it shall be deemed that a brief specification has been submitted in accordance with the relevant regulations.
Refusal Notice
The CNIPA examines international design applications in accordance with the China Patent Law, its Implementing Regulations, and the Patent Examination Guidelines. Where, upon examination, the application is found to fail to meet the conditions for grant, the CNIPA will issue a notice of refusal to the IB within 12 months from the date of publication of the international registration.
The applicant must submit a response to the CNIPA within the time limit specified in the notice of refusal (generally four months from the date of issuance), and, if necessary, complete the formalities for appointment of an agent. In their response, the applicant must indicate the national application number and state their observations in Chinese. Any amendments to the application should be made in English.
Grant of Protection
Where the CNIPA examines an international design application and finds no grounds for refusal, it will make a decision to grant protection and notify the IB.
After the CNIPA makes its decision to grant protection, it will announce the grant, and the design patent will take effect from the date of announcement.
After the CNIPA announces the decision, the applicant may request the CNIPA to issue a certified copy of the patent register for the international design patent registration as proof of grant of protection in China.
Changes in Bibliographic Data
Where the applicant (or patentee) of an international design application changes the ownership, its name and/or address, or its representative at the IB, the applicant must request to record such changes with the IB, and complete the relevant formalities.
Where the applicant (or patentee) of an international design application goes through the relevant formalities with the IB for recording change of ownership, the applicant shall also submit supporting documents to the CNIPA in accordance with relevant regulations. Where the supporting documents are in a foreign language, they must also be accompanied by a Chinese translation of the bibliography. If the supporting documents are not submitted or do not meet the requirements, the CNIPA shall notify the IB that the change in ownership has not taken effect in China.
Thereafter, the applicant may continue to submit supporting documents to the CNIPA. If the documents meet the requirements, the CNIPA will notify the IB, which will then declare that the change in ownership has taken effect in China.
Restoration or Revival
Where an international design application is deemed withdrawn due to the applicant's failure to promptly respond to a refusal notice, the applicant may request restoration or revival of the application in accordance with relevant regulations.
Renewal
After the CNIPA announces the grant of protection, the patentee must renew the registration under the Hague Agreement before the expiration of each five-year period to maintain the patent in China.
Termination of Patent Due to Failure to Renew
Where the patentee fails to renew the registration under the Hague Agreement after the CNIPA announces the grant of protection for an international design application, the patent will terminate upon the expiration of five or ten years from the application date in China (which is also the international registration date).
Partial Waiver of Rights or Limitation
Where the patentee submits a partial waiver of rights with respect to China to the IB after the CNIPA announces the grant of protection for an international design application, the effective date of such waiver or limitation shall be the date of registration by the IB.
Through such limitation, the patentee is allowedto abandon protection for some designs included in the international registration.
Fees Payment
International procedure fees for international design applications should be paid directly to the IB. Fees for international design applications filed through the CNIPA may be paid to the IB through the CNIPA.
Other Regulations
As mentioned above, an international design application designating China is deemed to be a design patent application filed with the CNIPA.
Therefore, all other procedures or regulations not mentioned above are consistent with those for design patent applications directly filed with the CNIPA.
For details, please see our Outline of CN Patent System_Basics_Design.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
