Leveraging Amended Patent Law To Protect Design In China

By Richard Stockton (October 26, 2020, 5:46 PM EDT) -- On Oct. 17, the Standing Committee of the National People's Congress approved the Fourth Amendment of Chinese Patent Law.

The amendment makes major changes to Chinese Patent Law, including improvements to industrial design protection. As the 170-member standing committee holds sovereign legislative power in China, the amendment is final and becomes effective on June 1, 2021 barring exceptional circumstances.

This article briefly summarizes the amendment's major changes for industrial design protection and then offers several strategies for leveraging these changes to maximize industrial design protection in China.

Summary of Major Changes

Portion Claiming

The most significant change for industrial design protection...

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