Highlights Of The Fourth Amendment To China’s Patent Law – Partial Design Patentable & Protection Extended – Intellectual Property – China -…

25 November 2020

AFD China

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Design patent witnesses two crucial revisions in the newlyamended China Patent Law, which will significantly impact on thedesign patent prosecution and protection as of 1 June 2021, theeffective date of the new rules. Please be advised of the followingchanges:

Partial design is allowable now pursuant to the new rules. As of1 June 2021, IP owners can file design patent applications forprotecting their partial designs. This is a great development ofChinese IP system. We look forward to a new protection environmentof design patents.

For design patents filed on or after 1 June 2021, the patentterm will be extended from 10 years to 15 years from the filingdate. This is a signal that China is under the preparation forjoining the Hague Agreement, an international treaty thatstreamlines global design patent applications but requires a15-year patent term.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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Highlights Of The Fourth Amendment To China's Patent Law - Partial Design Patentable & Protection Extended - Intellectual Property - China -...