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Caleb Rife

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Caleb helps prepare and prosecute domestic and international patent applications. His core technical experience is in the field of mechanical engineering.

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As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese National Intellectual Property Administration (CNIPA) has still not yet released formal guidelines or recommendations detailing partial claiming that is and is not acceptable after partial claiming in Chinese design patents became permitted on June 1, 2021. Still, trends have begun to emerge in some aspects of partial claim interpretation with respect to design titles, independent and complete design units, surface indicia and patterns, dividing lines, and simple geometric shapes. This post provides an update regarding the interpretation of independent and complete design units for partial design claims and offers guidance for protecting articles of varying sizes. Continue Reading The Moving Target of “Complete Design Units” in Chinese Law

As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners.  Since the rule change allowing partial claiming for Chinese design patents took effect on June 1, 2021, the Chinese National Intellectual Property Administration (CNIPA) has still not yet released formal guidelines detailing what is and is not permitted.  However, certain patterns have emerged from the tranche of partial design claims that have been refused or allowed so far, especially regarding design titles, independent design units, patterns/surface indicia, unconnected claims, dividing lines, and simple geometric shapes.  From these patterns, there are several guideposts that applicants can use to navigate the uncertain waters of partial design claiming until a formal statement from the CNIPA is released.Continue Reading The Moving Target of Partial Design Protection Under Chinese Law