PATENT EXAMINATION GUIDE-LINES UNDER AMENDMENT

01/01/2005

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Following the entry into force of the new Patent Act on 1 July 2004, the Intellectual Property Office (IPO) announced draft amendments to the Patent Examination Guidelines, Part III: Sub-stantive Examination of New Design Patents (Chapters 1 to 6). The IPO began holding public hearings on the draft amendment as of 29 December 2004, to solicit comments from stakeholders. The draft Guidelines include mainly the following content:

Matters to be disclosed in the specification and drawings as well as principles of disclosure;

“One design in Each Design Application” principle;

Definition of new design and its subject matter, article embodying a new design, and new de-sign creation ;

Patentability of a new design (industrial ap-plicability, novelty, creativeness, and first-to-file principle);

Priority claims (formality requirements and substantive requirements);

Amendments and corrections to new design specification and drawings; and

Special types of application related to new design patent (divisional application, conversion of patent application, associated new design).

Lee and Li will closely watch the progress of the amendments, and keep readers updated as ap-propriate.