Meaning
The specific statutory provision governing the requirements for granting patent rights to industrial designs in China. This prc patent law article 23 stipulates that any design seeking protection must be novel and must not be a prior design known to the public worldwide. It further requires that the design possesses distinct characteristics that separate it from existing designs or combinations of design features.
Novelty Standard
Comparison of a new application against existing public records determines if the submission meets the legal threshold for protection. Under the current version of the prc patent law article 23, the scope of the search for prior designs is global, meaning a design published anywhere in the world can invalidate the claim.
Administrative Change
Recent amendments to the law have introduced the concept of domestic priority for design patents to bring the system in line with international standards. While the core of prc patent law article 23 remains focused on novelty and distinctiveness, the procedural handling of applications has become more rigorous. Examiners now utilize advanced image recognition software to identify similarities with the vast database of existing products.
The expansion of the protection term to fifteen years demonstrates the commitment to aligning with the Hague Agreement.
Conflict Prevention
Protection is denied to any design that conflicts with the prior legal rights obtained by other parties. Application of the prc patent law article 23 prevents the granting of a monopoly over visual forms that are already protected under trademark or copyright law.
