Dyson hairdryer patent expiration floods China’s market with dupes

03 October 2024

Dyson’s once-exclusive design for its popular hairdryers is now flooding China’s market, as its key design patents recently expired, allowing a wave of similar products to emerge.

In 2016, the Dyson Supersonic hairdryer launched and quickly became a consumer favourite. Unlike conventional hairdryers, it was engineered to protect hair from extreme heat damage by using controlled airflow and temperature regulation. Priced at over US$400, it set a new standard in the haircare industry.

However, the market has since shifted in China. A quick search for hairdryers on Taobao, China’s leading ecommerce platform, reveals a surge of products that bear a striking resemblance to Dyson’s signature model, often priced significantly lower. These look-alike products are capitalizing on the expiration of Dyson’s design patents in China.

In China, invention patents last for 20 years from the filing date, while utility model and design patents are both valid for 10 years from the filing date. Design patents protect the aesthetic aspects of a product, such as its shape, pattern or colour, safeguarding the unique appearance of products in the market.

Dyson initially secured two key design patents for the Dyson Supersonic in China on March 11, 2014, followed by a second set on September 29, 2014, which included defensive patents to protect the broader appearance and aesthetics of the product. Both sets of patents expired this 2024.

Source: CNIPA

Following the expiration of Dyson’s core design patents, competition intensified among hairdryer brands. For consumers, this could mean access to more affordable alternatives that mimic the style and technology of Dyson’s premium products.

On Taobao, many listings even highlight features such as negative ion technology and temperature regulation – innovations that Dyson pioneered. These products not only look similar but also claim comparable performance at a much lower cost. This wave of competition could drive further innovation in the industry but may also erode the exclusivity Dyson once enjoyed in the premium haircare market.

Frank Liu, partner and head of IP at Shanghai Pacific Legal in Shanghai, said that once a patent or design expires, it is no longer protected by patent laws and enters the public domain. “However, for the accumulated reputation of the products in the market, it could still be protected by trademarks, or even unique product names, decoration or packaging by the unfair competition laws when certain conditions could be met,” he added.

“Of course, the products with certain reputations in the market could be protected by trademarks (trademark laws), or even product names, packages or decorations if used by others through misleading ways (anti-unfair competition law). In addition, copyright could also be used to protect the features of the product in certain circumstances,” he explained.

- Cathy Li

Law firms

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