China:
Highlights Of The Fourth Amendment To China's Patent Law - Partial Design Patentable & Protection Extended
25 November 2020
AFD China
To print this article, all you need is to be registered or login on Mondaq.com.
Design patent witnesses two crucial revisions in the newly
amended China Patent Law, which will significantly impact on the
design patent prosecution and protection as of 1 June 2021, the
effective date of the new rules. Please be advised of the following
changes:
Partial design patentable
Partial design is allowable now pursuant to the new rules. As of
1 June 2021, IP owners can file design patent applications for
protecting their partial designs. This is a great development of
Chinese IP system. We look forward to a new protection environment
of design patents.
Design patent term is extended to 15 years
For design patents filed on or after 1 June 2021, the patent
term will be extended from 10 years to 15 years from the filing
date. This is a signal that China is under the preparation for
joining the Hague Agreement, an international treaty that
streamlines global design patent applications but requires a
15-year patent term.
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.
POPULAR ARTICLES ON: Intellectual Property from China
Patent Law in India
Anand & Anand
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
Deceptive Similarity And Judicial View
Khurana and Khurana
Trademarks play a vital role in creating a brand name and goodwill of any business. Not only does it helps in creating a brand value but also, aids in revenue generation.
Compulsory Licensing In India
Khurana and Khurana
WIPO defines patent as an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem