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North America

China Partial Design Patent Invalidation Real Case Analysis

IPcrossark
Patent
2026-07-08 05:56:49

 

Regulated by Article 27 of the 2021 Revised Chinese Patent Law and CNIPA Partial Design

Examination Guidelines, partial design is a core innovation of China’s industrial design

patent system after 2021. A well-documented real case of a European small home appliance

brand’s invalidation fully exposes two fatal filing defects for overseas designers:

ambiguous solid/dashed line demarcation of protected partial features leads to unclear

protection scope and failure to submit complete six orthographic views of the whole

product. This judgment issued by the Patent Reexamination Board (PRB) reveals common

filing mistakes of foreign enterprises and delivers standardized drawing drafting rules for

partial design applications.

 

Real Case Background

 

A German portable blender manufacturer filed a partial design patent (Patent No. ZL2022306

17891.X) in 2023, only claiming protection for the blender’s ergonomic grip handle. The

applicant submitted fragmented partial close-up drawings without complete six-side views of

the full blender body, and the dashed lines marking unprotected parts were inconsistent and

overlapping on multiple perspectives. A domestic competitor filed full invalidation in 2024,

arguing the design could not be clearly defined for comparison against prior art. During

oral hearings, PRB examiners held that the incomplete whole product views and chaotic

solid/dashed line layout violated Article 27 requirements for clear disclosure of the claimed

design. Since the protected partial structure’s relative position inside the whole product could

not be confirmed, the patent was entirely invalidated. The German enterprise spent over

120,000 RMB on re-drawing, re-filing and administrative litigation, and lost 14 months of

exclusive appearance protection in China’s small home appliance market.

 

Core Legal & Procedural Rules

 

Mandatory full product six views for all partial design filings (CNIPA Partial Design Guideline

Chapter 2). No matter which partial component is claimed, applicants must provide standard front,

rear, left, right, top and bottom orthographic drawings of the complete product. Pure partial

close-up pictures without overall product outlines are formally rejected during preliminary

examination or fully invalidated post-grant. Solid lines represent protected partial features;

dashed lines must uniformly draw all unprotected product parts without overlap or blurring.

 

Absolute clarity standard for partial protection boundary (Patent Law Article 27). If solid/dashed

lines are disordered, cross or fail to distinguish partial and whole parts, the protection scope is

deemed undetermined. Third parties can easily file invalidation, and PRB will support revocation

because the design cannot be compared with existing public designs.

 

Maximum 10 similar partial designs per single application (Implementing Regulation Rule 40). One

partial design application may contain up to 10 similar variants based on one basic partial shape;

exceeding the limit triggers office actions requiring divisional filings.

 

No conversion from utility model to partial design after filing. Partial designs belong to the design

patent category, and cross-type amendment or conversion is prohibited once the application is

accepted by CNIPA.

 

Hague System partial design special rules. Foreign enterprises filing Hague international designs to

designate China must follow identical solid/dashed drawing standards as domestic filings; WIPO’s

simple partial sketch format does not satisfy CNIPA’s full six-view requirement and will generate

formal objections after entering China’s national phase.

 

Practical Compliance Guidance for Global Home Appliance & Consumer Electronics Brands

 

Draw complete six orthographic views of the full product before drafting partial design drawings,

strictly separating protected parts with continuous solid lines and unprotected areas with uniform

dashed lines without intersection. Limit similar partial variants within 10 items for one application to

avoid additional divisional costs and time delays. If filing partial designs via the Hague Agreement,

rework drawings to meet CNIPA’s six-view standard after WIPO international publication. Entrust

CNIPA-licensed local patent drafters to review solid/dashed line layout prior to filing to eliminate

clarity defects. Archive standard whole-product view templates for all series products to accelerate

partial design application preparation.

 

Conclusion

 

China’s partial design patent clarity requirement under Article 27 raises strict drawing

standards for overseas industrial designers. This German blender partial design invalidation case

fully proves incomplete full-product views and disordered solid/dashed lines result in complete

patent nullification. For global consumer electronics brands developing localised appearance

products in China, standardised six-view drawings and standard solid/dashed demarcation are

irreplaceable safeguards to stabilise partial design patent validity against third-party invalidation.

 

Hyperlink List

CNIPA Official Partial Design Examination Guideline:

https://www.cnipa.gov.cn/art/2021/06/01/art_2651_166758.html

WIPO Lex Full English 2021 China Patent Law Article 27:

https://wipo.int/wipolex/en/text/585084