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.