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ARTICLE · 31 MAY 2021

China update: Interim Measures announced before new patent law goes live

Applicants should immediately and carefully review how the patent Interim Measures affect their IP protection strategies.

ChinaIntellectual Property

The patent law reform in China has yet to deliver the Implementing Rules to the new patent law effective on June 1, 2021. In order to ensure the implementation of the amended patent law, which is still in the process of revision, the CNIPA has formulated a set of Interim Measures dated May 24, 2021 relevant to basic examination matters under the new law to be implemented as of June 1, 2021. Applicants, especially those within the pharmaceutical industry, need to review the Interim Measures in order to take timely action.

The Interim Measures contain 10 Articles which are summarised below:

  • Article 1 states that design patents relating to a partial shape can now be filed as of June 1, 2021 and will then be examined under the amended patent law.

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