The Design Patent in China - · PDF fileThe Design Patent in China Industrial Design...
Transcript of The Design Patent in China - · PDF fileThe Design Patent in China Industrial Design...
The Design Patent in ChinaThe Design Patent in China
Industrial Design Examination Department,SIPO of P.R.C.
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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.
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Developments of the Chinese Design Protection System
China acceded to
• the Paris Convention on November 14 1984• the Locarno Agreement 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
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10 years from the date of filing.
China’s Present Design Protection System
Protection Term
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• RequestRequest• Drawings or photographs• Brief explanation• Other relevant documents
The Application Documents
China’s Present Design Protection System
Design Examination System
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Examination System
• Preliminary Examination• First-to-file Rule
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front view left viewright view
top view
Space diagram
Three-dimensional design
back view
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Plane design:
front view back view
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front view
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.
Plane design:
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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
China’s Present Design Protection System
Design Examination System
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Examples:•A set of coffee utensils consisting of coffee cup, coffee pot, milk pot and sugar pot.
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Design of Products in Set :
1 front view 2 front view
3 front view
4 front view
The four-piece beddings consisting of bedspread, sheet, pillow case and cushion case.
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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.
China’s Present Design Protection System
Design Examination System
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Examples:Takes the national flag or national emblem as the pattern.
Name: packing bag
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• Takes the Olympic symbol or relevant symbols as the pattern.
front view (packing box)
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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
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• Any product which has no fixed shape, pattern or color
decoration cocktail
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• Any component part of the product which cannot be partitioned or sold or used separately
handle of vase
vase
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• Any product consisting of several component parts and the component part is not a product which has any value of independent use
toya plug-in piece
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• 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
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• 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
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• Any design the main body of which is the original shape, pattern or color of the natural object
a sculpture made with root
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• Any work which belongs wholly to the field of fine arts
traditional Chinese painting
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• Any design which is constituted only by geometric shapes or patterns of common sight in the field of the relevant product
packing box
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• The sound and meanings of the words and numbers
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front view
• The pattern of design only displays when the product is electrified
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The Numbers of Applications for Patents for Industrial Design
(1985-2005)
0
50000
100000
150000
200000
250000
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
application
patent granted
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92.80% 7.20%
Domestic151587
Foreign 11784
Applications for Design Received from Home and Abroad, 2005
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Design Examination Department
Design Examination Department
No. 1 Examination
Division
No. 1 Examination
Division
No.2 Examination
Division
No.2 Examination
Division
Procedure Management
Division
Procedure Management
Division
Design Research Division
Design Research Division
General Information of the Design Examination Department
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Post Grant Procedure for Design Patents
——Reexamination Procedure
——Invalidation Procedure
——Administrative reconsideration Procedure
——Administrative lawsuit Procedure
——legal proceedings for infringement lawsuit
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Statistics of the Design Reexamination and Invalidation
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100
200
300
400
500
600
700
800
900
2000 2001 2002 2003 2004 2005
Applications
Deicisions
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Legislative Issues and Trends for Development
• The third Amendment of Law• Examination System • To Establish Search Database • Research about Hague Agreement
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THANK YOU !
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