Eagerly awaited changes in Chinese design protection legislation
By the close of the National People's Congress, October 17th, 2020, an Amended Chinese Patent Law had been ratified.
For designs, the amended Patent Law will bring two important additions to the Chinese design protection which will strengthen a right holder’s overall design protection in China, namely:
- Partial designs will be allowed
"Partial designs" will be accepted in China. Up until, now this has only been possible for spare parts, which can be manufactured and sold separately.
- The term of a design patent will be extended to 15 years
The term so far has been 10 years and the additional 5 year validity will be a welcome addition for right holders. This amended period of validity may also indicate that China is preparing to join the Hague system, where the minimum term of validity is 15 years.
The new law will come into force starting on June 1, 2021.