Article 1 A patent applicant may, starting from June 1,2021 (including that date, the same below), submit a partial patent application for the design of the product under protection through paper form or electronic form in accordance with Paragraph 4 of Article 2 of the Patent Law.

In an application for a patent for partial design, a view of the whole product shall be submitted, and the content required for protection shall be indicated by the combination of solid lines or other means. If the part required for protection contains a solid shape, the submitted view shall include a solid view that clearly shows the part; in the view of the whole product, the part requested for protection shall be indicated in the brief description.

Article 2 As of the date of implementation of these Measures, if the patent application is after June 1,2021, if the applicant considers the circumstances stipulated in Item 1 of Article 24 of the Patent Law, he may make the request in paper form or electronic form. The SIPO will review the above applications after the implementation of the newly revised detailed rules for the implementation of the Patent Law.

Article 3 For an application for a patent for design with the application date after June 1,2021, the applicant may submit a written declaration of national priority for the patent for design in accordance with paragraph 2 of Article 29 of the Patent Law.

Where the applicant for a patent for design claims national priority, the first application is for a patent for design, he may apply for a patent for design of the same subject; if the first application is for a patent for invention or utility model, he may file an application for a patent for design of the same subject for the design shown in the attached drawings.

Where the applicant for a patent for design claims national priority, the first application shall be deemed to be withdrawn from the date when the later application is filed, except where the applicant for a patent for design requests the application for a patent for invention or utility model as the basis of national priority.

Article 4 For a patent application filed after June 1,2021, the applicant may submit a copy of the first patent application document in accordance with Article 30 of the Patent Law.

Article 5 of since June 1,2021 announcement of authorized patent for invention, the patentee can, in accordance with the second paragraph of article 42 of the patent law, within three months from the date of the announcement of patent authorization, through the patent period compensation request paper form, subsequent in accordance with the state intellectual property office of the payment notice pay related fees. The PO will review the request after the implementation of the newly revised rules for the implementation of the Patent Law.

Article 6 Starting from June 1,2021, the patentee may, in accordance with paragraph 3 of Article 42 of the Patent Law, within three months from the approval for the application of the patent right in the form of paper, and then pay relevant fees in accordance with the payment notice issued by the State Intellectual Property Office. The PO will review the request after the implementation of the newly revised rules for the implementation of the Patent Law.

Article 7 As of the date of implementation of these Measures, the patentee may, in accordance with paragraph 1 of Article 50 of the Patent Law, voluntarily declare the patent in the form of paper or electronic form. The SIPO will review the above statements submitted after June 1,2021 after the implementation of the newly revised detailed rules for the implementation of the Patent Law.

Article 8 As of the date of implementation of these Measures, the accused infringer may, in accordance with Article 66 of the Patent Law, request the State Intellectual Property Office in the form of paper or electronic form to issue the patent right evaluation report.

Article 9 As of June 1,2021, the State Intellectual Property Office shall examine the patent application in the preliminary examination, substantive examination and reexamination procedures in accordance with Article 20 and paragraph 1 (5) of Article 25, Article 25 of the Patent Law.

Article 10 If an applicant refuses to accept the relevant decision made by the State Intellectual Property Office in accordance with these Measures, he may file an application for administrative reconsideration, reexamination or bring an administrative lawsuit according to law.

Article 11 The period of protection for the patent right of the design before the application date of May 31,2021 (including that date) shall be 10 years, counting from the date of application.

Article 12 These Measures shall come into force as of January 11,2023. The Interim Measures on the Relevant Examination and Business Handling of the Amended Patent Law (Announcement No.4,223 of the State Intellectual Property Office), which came into force on June 1,2021, shall be repealed simultaneously.