Wednesday 13 May 2015

[Jian Xu] Notes on partial designs in China

“Partial Design” refers to the designs of shape, pattern and orientation relationship on some part of the product, rather than the designs of elements and components which constitute the product.

Under current practice, a partial design is not allowable in China. Designs of the elements and components which can be customarily sold independently in the market or between industries shall require protection as independent applications.

Dashed lines are frequently used in partial designs. However, they are not allowed to be used in design patents in China. If the basic application of priority is a partial design application and dashed lines are used to show unclaimed parts, the applicant may remove the dashed lines or change them into solid lines. According to current provisions, such amendments will not affect the priority right. To be prudent, it is advisable to submit a set of the drawings identical to those in the priority application as a set of reference views in the state of use.

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