[Depth]The Protection of Industrial Design in China PART2

(Author:  Dr. Paolo Beconcini; Source: Carroll, Burdick & McDonough LLP)

 III.PATENTABILITY AND GRACE PERIOD

For a design patent to be valid, it must be "novel," that is: (a) it cannot be a design known to the public in and outside China at the time of filing, (b) before the filing date no entity or individual have filed an application with the Chinese Patent Office, and (c) no entity or individual have recorded any such design on patent-related documents officially published and announced after the filing date (again, the first to file rule!). Furthermore, in order to . . .

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