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Patent for Design

 

 

 

1、Application Documents
2、Power of Attorney
3、Drawing Or Photographs Of Design
4、Brief Explanation

 

  • "In this Law, "inventions-creations" mean inventions, utility models and designs." (Implementing Regulation Under Chinese Patent Law, Rule 2)

 

Application Documents

  • " Where an application for a patent for design is filed, a request, drawings or photographs of the design shall be submitted, and the product incorporating the design and the class to which that product belongs shall be indicated." (Chinese Patent Law, Article 27)

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Power of Attorney

  • "Anyone who applies for a patent in written form shall submit application documents in two copies to the Patent Administrative Organ under the State Council. Any application filed in any other form prescribed by the Patent Administrative Organ under the State Council shall conform to the requirement.

    Any applicant who appoints a patent agency for filing an application for a patent with, or for dealing with other patent matters before, the Patent Administrative Organ under the State Council, shall submit a power of attorney indicating the scope of the power entrusted.

    Where there are two or more applicants of one application and where they have not appointed any patent agency, the first applicant indicated in the request shall be the representative unless otherwise stated in the request." (Implementing Regulation Under Chinese Patent Law, Rule 16)

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Drawings Or Photographs Of Design

  • "The size of drawings or photographs of a design submitted in accordance with the provisions of Article 27 of the Patent Law shall not be smaller than 3cm× 8cm, nor larger than 15cm× 22cm.

    Where an application for a patent for design seeking concurrent protection of colors is filed, a drawing or photograph in color, and a drawing or photograph in white and black, shall be submitted in two copies.

    The applicant shall submit, in respect of the subject matter of the product incorporating the design which is in need of protection, the relevant views and stereoscopic drawings or photographs, so as to clearly show the subject matter for which protection is sought." (Implementing Regulation Under Chinese Patent Law, Rule 27)

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Brief Explanation

  • "Where an application for a patent for design is filed, a brief explanation of the design shall, when necessary, be indicated.

    The brief explanation of the design shall include the main design elements of the product incorporating the design, the colors for which protection is sought and the omission of the view thereof. The brief explanation shall not contain any commercial advertising and shall not be used to indicate the function and the uses of the product." (Implementing Regulation Under Chinese Patent Law, Rule 28)

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