On January 5, 2023, the China National Intellectual Property Administration (CNIPA) released the Interim Measures for Handling Examination Business Related to the Implementation of the Revised Patent Law (关于施行修改后专利法的相关审查业务处理暂行办法) effective January 11, 2023. The Measures cover design patents, grace periods, patent term adjustment, patent term extension, and other areas. These Interim Measures will supersede the prior Interim Measures effective June 1, 2021. A translation of the new Interim Measures follow.
Article 1 From June 1, 2021 (inclusive here and below), a patent applicant may submit a patent application for partial design of a product for protection in paper or electronic form in accordance with Paragraph 4 of Article 2 of the Patent Law.
When applying for a patent for a partial design, a view of the overall product shall be submitted, and the content to be protected shall be indicated by a combination of dotted and solid lines or other means. If the part to be protected includes a three-dimensional shape, the submitted view shall include a view that can clearly show the part. If the content to be protected is not indicated by a combination of dotted and solid lines in the view of the overall product, the part to be protected should be stated in the brief description. Read more