China’s Design Patent Consolidated Applications: What Designs Can You File Together?

How many designs can one Chinese design patent application actually contain?

When preparing a design patent (外观设计专利) in China, applicants often hit the same question: can multiple color schemes or minor shape variations of one product be filed in a single application? The answer is not black-and-white. China’s patent system permits “consolidated applications” (合案申请) in specific situations, but the boundary is clear. Understanding it saves official fees and avoids office actions and rejections.

1. The baseline rule: one application, in principle one design

Article 31, paragraph 2 of China’s Patent Law states that one design patent application shall be limited to one design. Different products, or non-similar designs of the same product, must in principle be filed separately. This is the “main gate” for consolidated applications; all exceptions open from here.

2. Two scenarios where consolidation is allowed

(a) Similar designs of the same product

Two or more similar designs of the same product may be filed in one application. Examples: different color schemes of one phone model, or several approximate shapes of one package. One must be designated as the “basic design,” with the others attached as similar designs.

(b) Designs of a set of products

Two or more designs for products of the same class that are sold or used as a set may also be consolidated. Typical examples: tea sets, tableware sets, modular furniture—functionally complementary and normally sold or used together.

3. Three concrete benefits of consolidation

Lower official fees: a consolidated application charges only one filing fee, and annuities are counted as one, noticeably reducing long-term maintenance cost (you can manage them together via our Patent Annual Fee Monitoring service).

Synchronized examination: multiple designs are examined and granted together, avoiding mismatched timelines across separate applications.

Aligned terms: after grant, protection periods are unified, simplifying portfolio planning.

4. Three common pitfalls

Forcing “non-similar” designs into one: only similar designs or set products may be consolidated; ordinary designs across products or classes must be filed separately, or you will face a division or supplementation requirement.

Forgetting to designate the basic design: for similar-design consolidation, one design must be clearly designated as the “basic design,” which the examiner uses as the reference for similarity.

Failing the set-product test: both “same class” and “sold or used as a set” must be met; merely similar-looking but not set products cannot be consolidated.

Frequently Asked Questions

Q: Can similar designs and set products be filed in the same consolidated application?

A: No. Similar designs concern multiple designs of the same product; set products concern multiple products of the same class sold or used together. The rules differ—file them separately or as separate consolidations.

Q: After grant, can I abandon just one design in a consolidated application?

A: Designs in a consolidated application are managed as a whole after grant; whether partial abandonment is possible depends on the circumstances. Plan ahead, and consider a divisional application if you need separate disposition rights.

Q: How much do I save on official fees by consolidating?

A: A consolidated application charges only one filing fee; each additional design costs far less than a standalone application, and annuities are counted as one. See CNIPA’s latest fee schedule for exact amounts.

Source

China National Intellectual Property Administration (CNIPA), “Guidance on Consolidated Applications for Design Patents” (Policy Interpretation), 2025-10-31. Original: CNIPA Policy Interpretation

This article introduces the intellectual property system of the People’s Republic of China (China) and is for reference only; it does not constitute official interpretation or legal advice.

Related Tools & Further Reading

To batch-check formal issues in your application documents, use our “China Utility and Invention Patent Formal-Issue Checker” on the Zhihai Tools page. For design applications, combine the Trademark Classification and Patent Annual Fee Monitoring to coordinate filing and post-grant maintenance. For an assessment of your specific product’s design application strategy, contact Hefei Zhihai Yida Patent Agency (agency code 34408).