Question:
A German client has a Chinese subsidiary, where a Chinese employee created a design. The client normally first files a Community design application and then files a Chinese design application claiming priority from it. Does Chinese law require a Chinese designer to file the first design application in China?
Answer:
Under the Chinese Patent Law, an applicant who intends to file abroad for an invention or utility model developed in China must first request a confidentiality examination, also known as a foreign filing licence, from SIPO.
No equivalent requirement applies to design applications. Therefore, the client does not need to file the design application in China first.