I. System Innovation: Localization and Implementation of Partial Exterior Design

The fourth amendment to the Patent Law, implemented in June 2021, officially incorporated partial designs into the scope of protection, addressing the longstanding gap in China’s design protection system. This reform not only aligns China’s legal framework with the Hague Agreement but also clarifies the requirements for application documents, priority rules, and international application mechanisms for partial designs through detailed provisions in the Patent Law Implementation Rules.

Partial design refers to innovative designs applied to specific parts of a product, such as its shape, pattern, or combination, rather than the overall appearance of the product. Examples include the unique arrangement of a smartphone camera or the distinctive styling of a car's headlights. Prior to this amendment, China’s Patent Law only protected the overall design of a product, making it impossible to file patents for partial innovations. As a result, many subtle yet market-valuable innovations could not receive effective protection. This legislative reform not only addresses the urgent needs of the industry but also aligns with global trends in intellectual property protection, providing more comprehensive legal safeguards for innovators.

II. Value of the System: Breakthrough in Three Dimensions of Innovation Protection

(1) Enhancement of Legal Status Recognition 

For the first time, the latest Patent Law (Article 2, Clause 4) officially incorporates partial exterior designs into the scope of protection. The clause defines an exterior design as “a new design for the overall or partial shape, pattern, or combination thereof of a product...which is aesthetically pleasing and suitable for industrial application.” This explicit inclusion establishes the independent legal status of partial designs, marking a significant breakthrough from the previous “overall protection” framework. By recognizing partial designs as eligible for standalone protection, this amendment provides a solid legal foundation for patent applications and rights enforcement specific to partial innovations. It addresses a critical gap in the previous system, enabling innovators to better protect the unique and market-relevant features of their designs

(2) Three-Dimensional Expansion of Protection Scope

• Application Format: Applicants must clearly define the scope of the partial design in application documents through a combination of solid and dashed lines or other methods. For example, solid lines represent the protected portions, while dashed lines represent other parts of the product. Alternatively, a single color block can indicate the protected areas, while other parts are designated as unprotected.
• Standard for Design Novelty: Partial designs must exhibit significant differences compared to existing designs or combinations of existing design features.
• Scope of Protection: Partial design protection is not limited to specific product categories. For instance, an innovative design for a headphone jack can be applied across different electronic products. This breakthrough in protection boundaries significantly enhances the value of designs.

(3) Optimization of Examination and Rights Protection Rules

• Examination Focus: The National Intellectual Property Administration emphasizes the originality of partial designs rather than the overall visual effect during the examination process.
• Infringement Determination: A combined approach of “overall observation, comprehensive judgment” and “comparison of partial design features” is adopted. If the accused infringing product incorporates the core features of the protected partial design, it may still constitute infringement even if the overall appearance differs.

III. Practical Guidelines: Strategies for Application and Rights Protection

(1) Application Strategy

Requirements for Partial Design Views: The application should include the overall design; for three-dimensional products, clear three-dimensional diagrams showing the partial design must be submitted. Solid lines should indicate the parts to be protected, while dashed lines should represent other portions of the product. When needed, a dotted line can be used to delineate the boundary between the protected portion of the local appearance design and other areas.

Color Overlay: A semi-transparent layer of a single color may also be used to mask parts of the product that are not claimed in the design.

Brief Description: The brief description should specify the intended use of the partial product to be protected. If methods other than the combination of dashed and solid lines are used to indicate the protected part, a statement such as “This exterior design is partial; the red area represents the protected portion, while the rest is unprotected” should be included.

Filing Suggestion: It is recommended to split the innovation points into separate applications to form a patent portfolio. For example, the camera module of a smartphone can be applied for separately, while a combined design patent for the camera module and the phone body can be applied for as a whole.

International Coordination: When submitting international applications under the “Hague Agreement”, attention must be paid to the priority period and differences in examination criteria across countries.

(2) Infringement Response

Rights Protection Path: Utilize the Measures for Administrative Adjudication and Mediation of Patent Disputes issued in 2025, prioritizing administrative adjudication procedures to achieve swift rights protection.

Defense Strategies: The accused infringing party may assert a defense based on existing designs or effectively challenge the case by demonstrating that the design in question lacks “significant distinctiveness.”

IV. Conclusion

The inclusion of partial design protection in the fourth amendment to China’s Patent Law represents a significant advancement in the precision of IP protection and embodies the legal foundation of China’s innovation-driven development strategy. This system meets the high demand for design innovation in the digital economy era and provides a new foothold for China’s participation in global IP governance. However, challenges remain in practice, such as how to assess the originality of partial designs and the complexity of determining infringement. With the accumulation of judicial interpretations and practical case experience, the protection system for partial designs is expected to become a key pillar supporting China’s innovation ecosystem