Unity Of Partial Designs And Divisional Applications

Partial Designs have been allowed in China since June 1, 2021, when the Fourth Amendment to the China Patent Law became effective. Judgment of the unity of multiple designs has become more complex and sophisticated since partial designs have been protected in China. This article will introduce the circumstances under which multiple design applications can be placed in a single design application. The article will also elaborate on the conditions under which divisional applications can be filed based on a parent partial design application.

1. Introduction of partial designs

Article 2, Paragraph 4 of the Patent Law of China stipulates, "Design means, with respect to an overall or partial product, any new design of the shape, the pattern, or their combination, or the combination of the color with shape or pattern, which is rich in an aesthetic appeal and is fit for industrial application."