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Hello everyone, welcome to Linda Liu & Partners on Air! I’m Mavis. Today, my topic is what kind of drawings do I need to prepare if I want to apply a design patent in China?
If you want to apply a design patent in China, you need to prepare the orthographic view of six sides and two stereograms of the product. The drawings can be submitted in the forms of photograph, rendering or line drawing, however, it is required that all drawings should be provided in the same proportion.
For photograph, the background should be a solid color (e.g. white or black, etc.) and it should be ease to distinguish from the product itself. You should target at the central of the product when taking the photo, so as to avoid the adverse impact caused by perspective deformations on the design patent. In addition, the illustration of a design should not be influenced by the highlight, reflection, shadowing and mirror image in the photographs. For example, reflections and silhouetted pattern will be appeared in the photography because of the product’s high reflective surface.
Rendering is a photo-like form of picture, which can be made by 3D software directly which utmost avoids the general problem that a photo might have.
For line drawings, the shape of the design should be delineated in solid lines of uniform thickness, and the shape of the design should not be expressed in lines such as shaded lines, indicating lines, dashed lines, centerlines, dimension lines and dotted lines. Drawing tools shall be used, lines shall be uniform and clear, and shall not be altered, drawn with pencil, crayon, ballpoint pen, or blueprints, sketches, or mimeograms.
In addition, you have to prepare a brief description, as an application document that must be submitted, including the name of the product, the usage, and the key points of the design. The view that best represents the key design points shall be indicated in the brief description.
It should be noted that usually only one design can be included in an application, but it is possible to apply consolidated application for a set of products or for two or more similar designs of a same product. You can make the best use of this system, which can not only save costs, but also avoid the problem of double patenting to the greatest extent.
Another worthy note point is that Partial Design can be protected from Jun. 1st, 2021 according to the new Patent Law in China. Before that, in most cases that if the prior application is a partial design, then that application should be apply as an entire subject by turning the dotted line into solid line.
That’s all for my topic today. For more IP information in China, please stay tuned!
