CHANG TSI
Insights
In the current global intellectual property landscape, the partial design patent plays a crucial role in protecting innovations. China, the United States, Japan, South Korea, and the European Union have all established relevant systems, but there are differences and similarities among them. This article aims to compare the partial design patent systems in these five jurisdiction regions, providing designers and enterprises with a reference for cross-border design protection.
Since the implementation of the amended Patent Law in 2021, China has officially established a system for protecting partial designs. The protected partial designs are innovative designs of elements such as the shape, pattern, and color of a part of a product that can form a relatively independent area or complete design unit on the product. For example, unique textures on specific parts of a product, such as carvings on the back of a chair, can be applied for partial designs. The United States has a broader scope of partial design protection, covering any novel and non-functional partial features of a product, even if it is a unique design of a very small part. Japan's partial design system includes the shape, pattern, and color of a part of a product and their combinations, focusing on the independence and completeness of the partial design within the overall product when determining whether it is a partial design. South Korea's partial design protection covers the shape, pattern, and color of a part of a product, similar to Japan's, emphasizing the recognizability of the partial design within the overall product. The European Union's partial design protection focuses on the uniqueness and novelty of the design. Whether it is the whole or a part of a product, as long as it meets the basic requirements of a design, it can be included in the scope of protection. The definition of partial design is relatively flexible, judged by the overall visual effect.
In China, when applying for a partial design patent of a 3D product, the applicant has to file six side views of the entire product showing the claimed part, using a combination of solid lines and broken lines or other alternative approaches (such as different colors) to clearly define the scope of the claimed part. In addition, the applicant has to accurately indicate the information about the part and the entire product in the product name and the brief description. In the United States, it is necessary to provide drawings or photographs that fully showcase the characteristics of the partial design, with a clear and accurate description of the partial design to determine the scope of protection. Japan requires submitting design drawings of the entire product, clearly marking the part of the partial design in the drawings, and explaining the relevant situation of the partial design in the application documents. South Korea’s application documents are similar to Japan’s, requiring views of the entire product and highlighting the partial design with markings and descriptions. The European Union requires submitting views or images that clearly show the design features when applying for a partial design, with the presentation of the partial design needing to be distinguishable from other designs, and a detailed explanation of the unique aspects of the design in the application documents.
In China, the examination of partial designs focuses on whether they meet the requirements of Article 2.4 of China Patent Law (i.e., if it is a NEW design), while also considering the visual effect and independence of the partial design within the overall product. The United States examines partial designs based on standards of novelty and non-obviousness, emphasizing the differences between partial design and existing designs and its impact on consumer perception. Japan’s examination process, in addition to novelty and inventiveness, involves a thorough analysis of the relationship between the partial design and the overall product, assessing its role and contribution within the whole. South Korea’s examination standards are similar to Japan’s, comprehensively evaluating novelty, inventiveness, and the coordination of the partial design with the overall product. The European Union focuses on the uniqueness and overall visual impression of the partial design, judging from the perspective of an ordinary consumer whether the partial design has sufficient individual characteristics to merit protection.
The protection period for partial design patents in China is 15 years, calculated from the filing date of application. In the United States, the protection period for partial designs (filed after May 13, 2015) is 15 years, starting from the date of granting the patent. In Japan, the protection period for designs, including partial designs, is 25 years from the filing date. South Korea’s protection period for partial designs is 20 years from the filing date. The European Union provides a protection period of 5 years for partial designs, calculated from the filing date of application, and be extended four times. The maximum protection period for an EU application is 25 years.
By comparing the partial design application systems in China, the United States, Japan, South Korea, and the European Union in terms of the scope of protection, application document requirements, examination standards, and protection periods, it is evident that each region has its own characteristics to adapt to local innovation environments and legal traditions, while also sharing similarities under some internationally accepted intellectual property concepts. Bearing these differences and similarities in mind, the relevant practitioners and innovators will formulate more reasonable and effective strategies when conducting cross-border intellectual property layout and protection.
