Can I apply for a design patent?

The condition for applying for a patent for design by division means that the patent applied for by the applicant includes two or more inventions, utility models or designs, and the applicant can exercise the right to divide the approved patent into two or more patents to the patent administration department in the State Council within two months from the date of receiving the notice of approval of the patent granted by the patent administration department in the State Council.

legal ground

Article 42 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).

Two or more applicants on the same day (referring to the date of application; Where there is priority, it refers to the priority date), where an application for a patent for the same invention-creation is filed, the applicant shall be determined through consultation after receiving the notice from the patent administration department of the State Council.

Where the same applicant applies for a patent for utility model and a patent for invention on the same day (the date of filing), it shall separately state that he has applied for another patent for the same invention-creation; If there is no explanation, it shall be handled in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right can be granted to the same invention-creation.

Article 54

After the patent administrative department of the State Council issued the notice of granting the patent right, the applicant shall go through the registration formalities within 2 months from the date of receiving the notice. Where the applicant goes through the registration formalities on schedule, the patent administrative department of the State Council shall grant the patent right, issue the patent certificate and make an announcement.

Failure to go through the registration formalities at the expiration of the period shall be deemed as giving up the right to obtain the patent right.