Is it still possible to file the design application without any risk of being rejected or invalidated?

14:21, September 01, 2009        

Q: One of our clients intends to file a design application for a bottle design in China. However, the design has been shown at the Interwine China 2008 trade fair.Is it still possible to file the design application without any risk of being rejected or invalidated?

  A: According to the relevant provisions of the Patent Law of China, a design does not lose its novelty if the design is displayed within six months before the date of filing at an international exhibition sponsored or recognized by the Chinese government.

  More specifically, the applicant needs to make a declaration relating to such a display when filing the application, and within two months from filing the application must submit certifying documents issued by the entity that organized the international exhibition stating the fact that the design was exhibited with the date of the exhibition of the design.

  Furthermore, it is not necessary to file a separate declaration?sheet with the application. Instead,?one needs only?to mark the corresponding column in the Request Form of the design application so as to make the declaration. As for the certifying document, it should be executed by the organizer in the form of a seal?or?signature.

  Therefore, it is still possible to file the design application without the risk of being rejected or invalidated, as long as the six-month grace period does not expire.

  Source:China IP

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Clothing made in China register trademarks abroad and become international brands. And then the price soars. What do you think?
Is not supported. It's fraud!
Suppot. It doesn't break the law.
Have no idea.