New Practice of Design Patent Applications in China Under Revised Patent Law

On December 27, 2008, the National People's Congress, approved the third Amendment to China's Patent Law, which will come into effect from October 1, 2009. Significant changes have been made to patent applications for design, including the documents for filing, the unity requirement of a design application, the patentability requirement and the evaluation report of a design patent. The description of the innovative portion required by the new China Patent Law will significantly affect judges’ decisions of infringement (and patentability as well). As a fatter of fact, Beijing court judges hold the opinions additionally that in establishing infringement, the accused product shall have copied the innovative portion of the patent for design.


07/03/2009 | Patent