[Jian Xu] Do not rely on China’s novelty grace period when you file designs in China

In many countries, the novelty grace period is quite broad and flexible, so designers would have chances to put the design on shown and file the design application later on. However, if such design would be extended to China, it can be a big problem. This is because China’s novelty grace period is very narrow and limited, and only applies to really big trade fairs or conferences recognised by the Chinese government. Understandably, there is a high chance that many designs are not shown in those high-profile trade shows or conferences, thereby cannot enjoy the novelty grace period in China. Even worth, it might be grounds for invalidity should a third party wishes to challenge it.

Article 24 An invention for which a patent is applied for does not lose its novelty where, within six months before the date of application, one of the following events occurred: 

(1) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government; 

(2) where it was first made public at a prescribed academic or technological meeting; 

(3) where it was disclosed by any person without the consent of the applicant.