China's design patent system allows multiple designs to be included in a single application under specific conditions. This approach can help applicants reduce costs and streamline the protection of related design innovations. Below is a clear and structured overview of when and how to file a consolidated design application.
When Can You File Multiple Designs in One Application?
There are two main situations where multiple designs may be combined into one application:
1. Similar designs for the same product
2. A set of products that are sold or used together
1. Similar Designs for the Same Product
If you have several design variations of the same product, you may file them together in one application.
The designs must all belong to the same product, meaning they share the same product name and primary use. You may include up to 10 designs in one application. One design must be designated as the "basic design," and all other designs must be similar to this basic design.
Designs are generally considered similar if their differences are minor. Acceptable differences include local variations in shape or pattern, changes only in color, conventional design features in the relevant field, repetition or rearrangement of design elements, or proportional changes that do not alter the overall visual effect.
2. Set of Products
Multiple products that form a set can also be filed together in a single application.
All items in the set must belong to the same class according to the International Design Classification (Locarno Agreement). They must be customarily sold or used together. Each product must have independent use value, and the entire set must share a common design concept, meaning a unified style in shape, pattern, and/or color.
Common examples include a matching tableware set, a coffee maker with cups and saucers, or a pair of designer cufflinks.
3. Multi-Part (Component) Products
Some products are composed of multiple parts that together form a single item. This is considered one design, not multiple designs.
Examples include a toy building set with various blocks, an electric toothbrush with a charging base, or a chess set with a board and pieces. For such products, you should submit views showing the fully assembled product. It is also advisable to include views of individual components, especially if they have distinct shapes.
4. Protecting Part of a Product (Partial Designs)
Chinese law also allows for the protection of only a part of a product, known as a partial design.
If you wish to file multiple partial designs together, they must all apply to the same underlying product and must be similar to each other. Partial designs cannot be filed as a set of products.
Important Restrictions to Remember
Note that a set of products application cannot include multiple similar designs for a single item within that set. Similarly, a similar design application cannot include a set of products. Partial designs are only eligible for consolidation under the similar designs rule, not the set of products rule.
Practical Tips for Applicants
If you have more than 10 similar designs, consider whether some can be filed as a set if they are typically sold or used together. Always clearly specify the basic design in a similar design application. Ensure all items in a set share a consistent design theme. For partial designs, use the drawings to clearly identify and delineate the protected part of the product.
Summary Table
Application Type | Maximum Number of Designs | Main Requirement |
Similar Designs | 10 | Same product, similar appearance |
Set of Products | No strict limit | Sold/used together, same design concept |
Component Product | 1 product (multiple parts) | Parts combine to form a single product |
Partial Designs | 10 | Same product, similar protected part |
This guide is based on the latest Chinese design patent practice, click to see original text. For complex cases, consulting with a qualified patent attorney in China is recommended to ensure your application meets all legal requirements.
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