Multiple Design Application In China

I. Introduction

Article 31 paragraph 2 of the Chinese Patent Law reads,

"An application for a patent for design shall be limited to one design. Two or more similar designs of the same product or two or more designs which are incorporated in products belonging to the same class and being sold or used in set, may be filed as one application."

Rule 35 paragraphs 1 and 2 of the Implementing Regulations of the Chinese Patent Law (i.e. the IRCPL) reads,

"Where two or more similar designs of the same product are filed in one application in accordance with the provisions of Article 31 paragraph two of the Patent Law, the other designs of the product shall be similar to the main design indicated in the brief description. The number of similar designs contained in an application for design shall not exceed 10.