the patent term for chinese design patents will be extended from 10 years to 15 years.
the new patent law stipulates that the duration of design patent rights is fifteen years, counter from the date of filing. this is a very significant change and will apply to all chinese applications submitted on/after june 1, 2021. for a design which was first filed in a foreign country, it is recommended to postpone the submission on/after june 1, 2021 as long as the priority period has not expired. and for a design which was first filed in china, it is theoretically possible to refile a design application enjoying its domestic priority as long as within six months from the first filing date in order to obtain 15-year protection.cnipa issued transitional provisions on may 24, 2021.
patent term adjustment
to use this provision, the date of announcement of invention patent grant must be on or after june 1, 2021. a request for patent term adjustment shall be filed within 3 months from the date of announcement of patent grant.
patent term extension
as of june 1, 2021, a patentee may request for patent term extension, within 3 months from the date of marketing approval of new drugs. the filing date of the patent or the date of marketing approval can be prior to june 1, 2021.
for designs applications, filed on or after june 1, 2021,
(1) partial designs can be filed;
(2) domestic priority can be claimed from an earlier chinese design application (the filing date of the earlier chinese design application can be prior to june 1, 2021)
(3) the term of design patents is 15 years (the term of design patents with filing dates of may 31, 2021 or earlier, is 10 years, counted from the filing date).
as of june 1, 2021, a patentee may declare to offer an open license for its patent (the date of announcement of patent grant can be prior to june 1, 2021).
patent right evaluation report
as of june 1, 2021, an accused infringer (not any 3rd party) can request cnipa to issue a patent right evaluation report.