The SIPO is proposing to amend relevant regulations in the
Patent Examination Guideline to protect partial design/UI with
Except China, up to now, partial design (including UI) is an
eligible subject matter of design patent for protection in US,
Europe, Japan, and Korea. Overseas applicants, like Apple, and
domestic communication device manufacturers, are calling for
protection of UI with design patent in China. The SIPO is now
researching on this topic and planning to amend relevant
regulations in Patent Examination Guideline to include UI and other
partial design as an eligible subject matter of design patent for
PROPOSED AMENDMENTS TO GUIDELINE
Ineligible subject matters for design patent protection listed
in items (3), (4), and (11) of Section 7.4, Chapter 3, Part I of
the Guideline will be deleted. The definition of partial design and
the UI will be added. Formality requirements for application of
design patent for partial design and UI will be listed. Finally,
the standard for invalidating a partial design and UI will be
BENEFITS TO CLIENT
This is a huge change that will influence dramatically the
landscape of the design patent protection in China.
We are keeping close watch on this change for our clients. We
are going to host a seminar for this topic by inviting relevant
experts from the SIPO, and keep our clients updated with the
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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