Special Feature: New and Improved Patent Law

Stability and certainty in the provision of patent protection are fundamental to the safeguarding of intellectual property in any nation. Realizing this, the PRC has made amendments to the existing Patent Law. We examine the details of the amendments and the intentions behind these recent revisions.

The Decision of the Committee for Regular Affairs of the National People's Congress Concerning Amendments to the«PRC, Patent Law» (Patent Law) was passed on August 25 2000 by the 17th Meeting of the Committee in the Ninth People's Congress, and became effective on July 1 2001. This is the second round of amendments that have been made to the Patent Law since it was first adopted in 1984. 

The newly amended Patent Law constitutes an extensive reworking of the legal framework for China's patent system1. Taken collectively, the amendments to the Patent Law (Amendments) appear to have incorporated the legislative developments and the tangible experiences that have resulted from China's far-reaching government and economic reforms. The Amendments have accomplished many things including the expansion of the dynamics in patent protection and the simplification of patent examination procedures. Additionally, they have brought the newly revised Patent Law closer to complying with the Agreement on Trade Related Aspects of Intellectual Property Rights, including Trade in Counterfeit Goods of the General Agreement on Tariffs and Trade (GATT TRIPs) in preparation for China's entry into the World Trade Organization (WTO).