Understanding and Using China’s Design Patent

As a European SME doing business in China, protecting your intellectual property rights (IPR) in such a challenging market is essential to business success. Due to the difference in IP systems between Europe and China, many enterprises might feel confused about how to protect their designs in China. While in Europe you can seek protection for an original work as either a registered or unregistered design, in China designs fall under the scope of patent protection, while no protection is offered to unregistered designs, unless the work can be protected via copyright. Design patents provide you with the legal basis to fight counterfeiters and also allow you to generate additional revenue by licensing the design to third parties. This guide provides a definition of a design patent, outlines what benefits it can bring to your business, and explains how to successfully apply for one in China.