Design Patents in China: Partial Designs, GUIs, Similar Designs and the Six-Month Grace Period

On 22 October, the Executive Yuan in the Taiwan region approved a draft amendment that would let graphical user interfaces (GUIs) be protected on their own, allow similar designs in one application and extend the design grace period from 6 to 12 months (news). It is still a draft. Foreign brands that make products in mainland China often ask how the same questions work there. This guide covers the key points of mainland China's design patent rules under the Patent Law (amended 2020), its Implementing Regulations and CNIPA's examination guidelines. It is general information; individual cases need professional advice.

What a Chinese design patent can protect

• The whole product: under Article 2 of the Patent Law, a design is a new design of the shape, pattern or their combination, or of colour combined with shape or pattern, that is aesthetically pleasing and fit for industrial use.
• Part of a product: since 1 June 2021, Article 2 covers the design of the whole or part of a product. A handle, a button or a lid can be protected as a partial design, usually with solid lines for the claimed part and dotted lines for the rest, or another method that marks it, and the views must show where the part sits on the whole product. The part must form a reasonably distinct area of the product or a reasonably complete design unit; an arbitrary slice will not do.
• GUIs: China protects GUIs, but always together with a product, with a product name such as "mobile phone with graphical user interface" or "graphical user interface for a mobile phone". Screen images unrelated to user interaction or product functions, such as wallpapers, start-up screens or the layout of web pages, are excluded. Unlike the Taiwan region's draft, the mainland does not protect a GUI detached from any product.

How many designs fit in one application

Under Article 31, two or more similar designs for the same product, or designs for products in the same class sold or used as a set, can be filed in one application. For similar designs, you name one as the basic design, and the Implementing Regulations cap them at 10 per application. Filing colourways and minor variants together is cheaper than separate filings and makes it harder for copyists to slip between versions.

Already shown the product? The grace period is narrow

• Six months, only in listed cases: under Article 24, novelty is not lost by a first display within six months before filing at an international exhibition sponsored or recognised by the Chinese government, a first publication at a prescribed academic or technical meeting, disclosure by someone else without your consent, or public-interest disclosure in a national emergency. Posting the product on your own website, a marketplace or social media is not covered.
• Domestic priority, six months: under Article 29, a later Chinese design application on the same subject within six months of your first Chinese filing can claim priority. Foreign applicants can also claim Paris Convention priority within six months of a first filing abroad.
• The practical rule: file before images or renders go online.

Examination and term

• Preliminary examination only: CNIPA does not examine designs on substance, so grants come quickly but are not necessarily robust. Before enforcing, owners usually obtain a patent evaluation report from CNIPA, which also matters if the defendant files for invalidation. See suing for patent infringement in China.
• 15-year term: under Article 42, design patents applied for on or after 1 June 2021 last 15 years from filing; earlier ones last 10.
• Hague route: China joined the Hague Agreement in May 2022, so a single international application can designate China.

Practical points for foreign brands

1. Decide what to protect before launch: the whole product, key parts and any interface, filed separately if needed.
2. File variants of a product line as similar designs, with the most representative version as the basic design.
3. File first, then publish. Do not rely on the grace period; most trade fairs and online launches are not covered.
4. If you expect to enforce, get an evaluation report early so you know how strong the design is.

If a factory is already selling your design, see your Chinese factory is selling your design before your first order arrives. For filing a design in China, see design application and registration.

Frequently asked questions

Can I register an app interface on its own in China? Not detached from a product. It must be filed as a GUI for a product, such as a mobile phone.

Our product is already on Amazon. Is it too late for a Chinese design patent? Usually yes for that design, because your own publication is not covered by the grace period. New versions can still be filed before they are shown.

Do I need a separate Chinese filing if I use the Hague system? No. A Hague international application can designate China, which then examines the designation under its own rules.

J&C Intellectual Property Agency, founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We handle trademark filings and customs recordals in China for foreign brands; see our trademark registration service.