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CHINESE DESIGN PROTECTION UPDATE 2021 |
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HEAD OFFICE AHMEDABAD, INDIA HK Avenue, 19, Swastik Society REPRESENTATIVE OFFICE - USA 2123 , Stanford Avenue MUMBAI E-102, First Floor,Lloyds Estate Sangam Nagar, Next to V.I.T. College, Wadala (E) Mumbai - 400 037. INDIA Tel. : 91 22 24187744 BENGALURU House no. 316, Ground Floor "A" Sector, Yelahanka New Town Bengaluru- 560 064 RAJKOT 2nd Floor, Shivani Complex, Kanta Stri Vikas Gruh Road Rajkot - 360 002. INDIA Tel:+91 281 242 731 MORBI 203,Shriji Palace,Savsar Plot, Main Road, Morbi-363641 INDIA Phone:91 2822225263 VADODARA 218, Abhisekh Complex Aksharchowk, Old Padra Road Vadodara 390 020 INDIA Phone: (0265) 2322015 |
CHINESE DESIGN PROTECTION UPDATE 2021With the upcoming new Chinese Patent Law and that will come into effect from June 1, 2021 introduction of Partial Design is one of the most important changes. Under the current Patent Law 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. Nevertheless in order to be in line with the international practice, such will be acceptable to the CNIPA soon after June 1 of 2021. The Implementation Regulations of the Chinese Patent Law (Draft) lay down 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.” Based 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. A 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. We 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 litigation. ----------------------------------------------------------------------------------------TOP
Contributed By : - Anas Qureshi |
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