of Partial Design is one of the most
important changes in the upcoming new Chinese Patent Law and that will come
into effect from June 1, 2021.
current Chinese patent law excludes the protection for partial design. Namely,
a portion of a product which cannot be partitioned or which cannot be sold and
used independently can’t be protected, such as a bottle-neck, ears of a vase,
etc. However, such will be acceptable to the CNIPA soon after June 1 of 2021,
in order to be in line with the international practice.
Implementation Regulations of the Chinese Patent Law (Draft) stipulate the
following details on how to protect a partial design: Applicant(s) should
submit a drawing of the whole product in which the part to be protected should
be shown in solid lines in combination with dashed lines. If necessary, the
part to be protected could be explained in the Brief Description.
on this statement, it implies that the drawing requirement of partial design in
China is slightly different from those in US or Europe. For example, the
partial design is still adhered to a product, and the parts that are not to be
claimed should not be omitted in the drawings. Dashed/dotted lines will be
allowed in the drawings, but shading lines may still not be acceptable.
question commonly asked frequently by the Applicants was whether partial design
is only applicable to applications filed after June 1 of 2021 or to applications
pending as of June 1 of 2021.
answer is this is NOT clear now, as
the CNIPA has not announced any transition-period method yet. However, in order
to maximally preserve the Applicants’ right to enjoy the partial design
protection during this transition period, we would suggest Applicants file both
partial designs and full designs in one CN design application for the moment,
in a hope that the new law will apply to the divisional design application
which can certainly be filed after June 1 of 2021.
are awaiting the final version of the Implementation Regulations and the transitional
method for details of partial design, and we will keep you updated on how the partial
design will be carried out in China during both prosecution and enforcement