CNIPA Amends Interim Measures for Examination of Partial Design Patents

On January 5, 2023, China National Intellectual Property Administration (“CNIPA”) issued Notice on Interim Measures for Examination Related to the Implementation of the Revised Patent Law (“Measures”).

The Measures consists of 12 articles and clarifies national priority examination business of partial design and appearance design. The Measures provides that if the design patent applicant claims national priority and the prior application is a design patent application, the design patent application can be filed on the same subject matter; if the prior application is an invention or utility model patent application, the design patent application can be filed on the same subject matter as the design shown in the accompanying drawings; if the design patent applicant claims national priority, the prior application is deemed to be withdrawn from the date of filing of the latter application, except that the design patent applicant claims the invention or utility model patent application as the basis for national priority.