1. Modification of the requirements for design application filing documents Regarding the improper generic and abstract name of product for design, it is clearly not allowed to use the names such as "lamp", "LED lamp" and "illuminator".
So far as the products with the three-dimensional design is concerned, for the case that the key points of the design of the product involve six sides, the orthographic projection of six-side views should be submitted; for the case that the key points of the design of the product involve the views of one side or several sides only, the orthographic projection views of the sides concerned should be submitted, and for other sides, either orthographic projection views or perspective views can be submitted. Views can be omitted for sides that are not easy to see or invisible during use.
Regarding the components of a product, in addition to the use that is helpful to determine the class of components, the brief explanation should generally indicate the products to which the components are applied, and indicate the use of the products to which the components are applied, if necessary. 2. Attentive Problems related to filing a GUI design application Graphical User Interface (GUI) design protects the design of a product, and the name of product should indicate the product to which the GUI is applied and the main uses of the GUI incorporating the design. Generally, the name of product should have the keywords of "graphical user interface", and the name of product incorporating dynamic GUI should have keywords of "dynamic", for example, "refrigerator with temperature control GUI", "dynamic GUI for weather forecast of mobile phone" and "display screen panel with video on demand GUI". The uses of the GUI recorded in the brief explanation should correspond to the uses embodied in the product name.
For designs whose key points of design lies only in the GUI, at least one orthographic view of the display screen panel containing the GUI shall be submitted. If only the orthographic view of the display screen panel containing the GUI is submitted, the final products which use the display screen panel of the GUI should be listed exhaustively, for example, the brief explanation shall record "The display screen panel is used for mobile phones and computers", and it is not allowed to write "The display screen panel is used for mobile phones, computers, etc.". 3. The introduction of delayed examination Delayed examination system was introduced in the revision of the Guideline for Patent Examination in 2019. Applicant may submit a request for delayed examination at the same time of filing a design application before CNIPA, and the time limits of the delayed examination shall be 1 year, 2 years or 3 years accounted from the effective date of the request for delayed examination.
There is no "secret design" in the Chinese design system. Owing to the delayed examination system, the examination can be delayed for 1 year, 2 years or 3 years, and the designs can be kept secret to a certain extent. 4. Modification of Patent Law on Design Application The fourth revision of the Chinese Patent Law, which will be implemented from June 1, 2021, will strengthen the protection for design patent. First, the protection for partial design has been added in the Chinese Patent Law, which was revised from protecting the whole product to protecting the whole or part of the product. Moreover, the protection duration of design patent has been extended from the ten years to fifteen years.
The domestic priority system for design patent applications has been introduced into the Chinese Patent Law. It is specified that the applicant can file in China a design application for the same subject matter within six months from the date on which the applicant first filed in China a design application, claiming the priority.
