On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application.[1] The China National Intellectual Property Administration (CNIPA) released news four days later that the 1999 Act will take effect in China on May 05, 2022.[2] The newly amended China Patent Law that took effect on June 01, 2021, extended the term of a design patent from 10 years to 15 years, which is in line with the minimum term of protection that a contracting party must provide is 15 years under the Hague System. The draft Implementing Regulations of the Patent Law and the draft Patent Examination Guidelines, which incorporate amendments related to the Hague System, are under finalization and will provide detailed examination rules for design applications filed under the Hague System.
[1] See https://www.wipo.int/hague/en/news/2022/news_0005.html.
[2] See, https://www.cnipa.gov.cn/art/2022/2/9/art_53_173132.html.
The authors wish to acknowledge the contributions of paralegal, Kara Xie, as an author for this blog.
Kara Xie is a paralegal in Perkins Coie’s Shanghai office. She supports the China patent group in many aspects, including preparing patent prosecution documents, managing docketing deadlines, and communicating with Chinese agencies and examiners regarding patent prosecution affairs. Kara also supports the prosecution of Chinese design applications.