- within Media, Telecoms, IT, Entertainment and International Law topic(s)
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.