Patent Unity Requirement | China Patent Law Guide
Invention and utility model unity requirement
An application for a patent for an invention or utility model shall be limited to one invention or one utility model. Two or more inventions or utility models belonging to a single general inventive concept may be filed as one application.
Two or more inventions or utility models relating to the same general invention concept that may be submitted as one patent application shall be technically interrelated and share one or more identical or corresponding specific technical features. In this context, the term "specific technical features" refers to the technical features of the contribution that each invention or utility model, as a whole, makes to the prior art.
Design patent unity requirement
A design patent application shall be limited to one design. Two or more similar designs that are incorporated into the same products or two or more designs that are used in products belonging to the same class, and which are sold or used in sets, may be filed as one application.
The term "two or more designs for the same category of products sold or used in sets" refers to products in the same category of the classification table that is customarily sold or used at the same time and share the same design concept.
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Multiple designs
Where a design patent application is filed for two or more similar designs with respect to the same product, the other designs for the product shall resemble the basic design designated in the brief explanation. Similar designs included in the same design patent application shall not exceed ten designs.
Where two or more designs are filed as one application, the number of each design shall be recorded in sequence before the title of the picture or photograph of the product incorporating the design.
(By?Dr. Jian Xu. Last updated: Mar 2023)
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