The provisions concerning partial designs were added to the newly amended Patent Law of China, which came into effect on June 1, 2021. Previously, the official was issued a notice that the examination for the partial design would begin after the corresponding contents of the Implementing Regulations of the Patent Law are issued. As of July 20, 2023, the corresponding examination standards have not been published yet, but grant announcements for partial design patents have already emerged. This indicates that the applicants who want to file the partial design in China but have concerns about the unknown examination time can dispel their worries now and file the partial design when they are ready.
A partial design refers to the new designs of the shape, the pattern, or their combination, or the combination of the color with shape or pattern, of a part of product, which creates an aesthetic feeling and is fit for industrial application. That is, the scope of protection of a partial design patent is directed only to certain portions of a product.
Many well-known brands have started strategies to protect partial designs of their products in China, and their filing for the partial design has already been granted. Below are some examples of granted partial design announcements:
I. Panasonic - Shaver
The well-known electrical appliance brand Panasonic filed a total of five design patents for the following shaver, including one entire design, one component design, and three partial designs. The three partial design patents respectively claim protection for the blade frame, body shell, and body casing of the shaver. The application dates for these three partial design patents are all December 7, 2022, and the announcement dates are all May 30, 2023.
(Representative drawings of five design patents for the shaver)
(Partial design for protecting the blade frame of the shaver)
(Partial design for protecting the body shell of the shaver)
(Partial design for protecting the body casing of the shaver)
II. Nike - Shoe ornamentation
Nike, one of the largest sportswear manufacturers globally, filed a partial design called "Shoe ornamentation" on November 12, 2021. The application was granted and announced on May 30, 2023.
(The drawings of the partial design of the shoe ornamentation)
III. Bridgestone - Tire tread
Bridgestone, the globally renowned tire manufacturer, filed a partial design called "Tire tread" on October 25, 2021, claiming protection for the pattern shape of the tire tread. This application was granted and announced on May 30, 2023.
(The drawings of the partial design of the tire tread)
To make the design of the product more comprehensive protection, more and more applicants are taking action on filing the partial designs to protect the part of their products. Currently, the Draft Amendments to the Examination Guidelines (for public comment) and the Draft Amendments to the Examination Guidelines (for second public comment) involve some content regarding partial designs, which the applicants who want to file the partial designs can refer to.