The 3rd amended Chinese Patent Law went into force on October 1, 2008. The modifications relating to design regulations really deserve our eyes on it. The possible influences of the amended Chinese Patent Law on the application of design patent are read from the view of practical operation as follows:
1) No patent right may be granted for a two-dimensional design made mainly for the purpose of indication. The term of "for the purpose of indication" is suggested to be the focus of attention. Though the wallpapers, textiles and etc are two-dimensional designs, they still have the chance of being granted for the patent right.
2) Two or more similar designs for the same product or two or more designs which are incorporated in products belonging to the same class and are sold or used in sets may be filed as one application. One design application may contain up to 10 similar designs. It is the first time that the similar designs are accepted as one application in China. By this way, the application cost can be saved for the applicant(s). But if the similar designs are not filed as one application, the subsequent design application may not have the chance of being granted for the existence of the prior design application.
3) A brief description of the design is necessary as one of the filing documents. The brief description not only shall indicate the original items including the omitted view, the transparent material etc, but also shall indicate the title of the design, the use of the product, the main points of the design etc. These contents may have substantial influence on the subsequent authorization and invalidation, and even on the judgment of patent infringement. However, the related provisions are rather vague on what extent can these regulations affect to, and they need to be further clarified.
