Practical Answer — Pre-Production Protection
How Do I Protect a Sample or Prototype Before Showing It at a Trade Show or Supplier Meeting?
Last updated: June 2026
Showing a prototype before you have IP registrations in place and an NNN signed is one of the most common ways foreign product developers lose their edge in China. What you do before the meeting matters more than what happens during it.
In short
Before showing a sample or prototype in China: file your China trademark and design patent applications first; sign an NNN before any one-to-one supplier meeting where technical details will be shared; and control what you show — display exterior appearance, not internal mechanisms or specifications. At an open trade show, an NNN for all attendees is not practical, which makes the IP filings before the event the primary protection layer.
The Direct Answer
The most effective protection before a trade show or supplier meeting is to have your IP registrations filed before the event — not after. A China design patent application, trademark registration, and (where relevant) a patent application should all be filed before public disclosure. An NNN is appropriate for private supplier meetings where you will share technical details. For public trade show floors, NNNs are not practical — the IP registrations do the work.
Why the Sequence Matters: File Before You Show
China operates an absolute novelty standard for patent protection. If your product is publicly disclosed before you file a Chinese patent application, that disclosure may destroy the novelty of the invention or design — making it impossible to obtain valid patent protection in China afterward.
China does provide a grace period for disclosure at recognized exhibitions, but relying on this grace period is risky — the conditions are specific, the recognized exhibitions are a defined list, and the practical burden of relying on this exception rather than filing first is significant.
Filing before the event secures your priority date regardless of what is disclosed at the show.
What to File Before the Trade Show or Supplier Meeting
China trademark application
File your brand (word mark and/or logo) as a Chinese trademark in the class or classes covering your goods before any public event in China. China's first-to-file system means that whoever registers first has priority — you want that to be you, before others encounter your brand at the event.
China design patent application (外观设计)
A design patent (外观设计专利) protects the ornamental appearance of a product — shape, configuration, color, or a combination. If the commercial value of your product is substantially in its appearance (packaging, product shape, visual design), a design patent application filed before public disclosure is important. Design patents in China are granted relatively quickly compared to invention patents.
China utility model or invention patent application
If the product has patentable technical features — a functional mechanism, a technical arrangement — consider a utility model or invention patent application. Utility models (实用新型) are examined more quickly than inventions. For products where the technical innovation is the key differentiator, filing before the event is the relevant standard.
For Private Supplier Meetings (Not Open Trade Show Floors)
If the meeting involves sharing technical specifications, internal mechanisms, design files, or detailed product information with a specific supplier or factory, an NNN signed before the meeting is appropriate. This is different from an open trade show floor where an NNN for every passerby is not practical.
- Prepare the NNN in advance and have it ready to sign at the start of the meeting — not after the product has been discussed
- Log what is disclosed in the meeting: date, supplier entity, materials shown or shared, purpose
- Do not share CAD files, internal specifications, or component breakdowns at the meeting — share finished appearance only unless the NNN is signed and specific file sharing is necessary
- Confirm the supplier entity name before the meeting — the entity that signs the NNN should be the registered company, not a sales representative's personal contact
What to Control When Displaying a Sample
- Display finished exterior appearance — not internal components, assembly details, or functional mechanisms
- Avoid showing prototypes with visible manufacturing markings, supplier labels, or component references that reveal your supply chain
- Consider whether full-function demonstrations reveal more than the finished product's appearance alone would
- Bring a demonstration unit — not the master prototype with all technical annotations
- For electronic or software-based products, consider whether live demonstrations expose firmware or software architecture
Get Help
File Before You Show: China IP Registration
Filing your China trademark, design patent, and patent applications before a trade show or supplier meeting secures your priority date and creates the foundation for enforcement if copying occurs.
Frequently Asked Questions
Should I have an NNN signed before showing a sample or prototype to a Chinese supplier?
Yes — if you are showing a product that has not yet been publicly disclosed and the meeting involves sharing technical details or design specifics, having an NNN (or at minimum an NDA) signed before the meeting is advisable. At a trade show with multiple parties, this may not be practical for all contacts, but for any meeting where you are sharing details you want kept confidential, a signed agreement before disclosure is the relevant standard.
Does showing a prototype at a trade show destroy my patent rights?
It may — depending on the jurisdiction and what you disclose. China operates an absolute novelty standard for invention and utility model patents. Public disclosure before a Chinese patent application is filed can destroy novelty and prevent valid patent protection. China does provide a six-month grace period for disclosure at recognized exhibitions, but the scope and conditions of this grace period are fact-specific. If patent protection in China is a priority, filing before or simultaneously with any public disclosure is the safer approach.
What should I not show or leave visible when displaying a sample?
Consider not showing: detailed internal mechanisms or components that are not visible in the finished product; manufacturing processes or assembly methods; electronics or firmware details; supplier lists or cost structures. What you can display is the external appearance of the product. Keeping the display focused on exterior appearance — and having patents or design registrations in place before the show — separates what you are disclosing from what you are protecting.
Can someone copy my product from a trade show sample?
A visible sample at a trade show can be photographed, measured, and analysed. Copyists with manufacturing access can work from visible samples — particularly for products where the external appearance carries most of the commercial value. Filing design patents and trademark registrations before the show, and limiting what you disclose about internal workings, reduces the practical value of copying but does not eliminate it.
What IP registrations should be in place before I take a sample to a China trade show?
At minimum, consider: a China trademark registration covering the brand shown on the product; a China design patent application (外观设计) covering the product's appearance; and, if the product has patentable technical features, a China utility model or invention patent application. Applications that are pending — not yet granted — still provide a priority date, though they do not provide enforcement rights until granted. The specific registrations that are relevant depend on the product and the commercial risks involved.
On this page
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Further reading on pre-production IP protection, NNN agreements, and China patent filing.
Can I Still File a Patent After Disclosing to a Chinese Factory?
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Read Answer Practical AnswerShould I File a China Trademark Before Talking to Factories?
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Read Answer ServiceChina Patent Registration
File your China design patent, utility model, or invention patent before your next trade show or supplier meeting.
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