Patent Law improves again
February 09, 2009 | BY
clpstaff &clp articlesChina has revised its Patent Law for the third time, and issued the first proposed draft amendments to the Implementing Regulations. There are key changes relating to invention patents and utility models. These should better align the Law with international standards, but there will be notable implications for foreign-invested companies. By Ronald Chu and Annie Tsoi, Deacons.
Amendments to China's Patent Law have been a long time coming. The PRC Patent Law (3rd Revision) (中华人民共和国专利法) (Revised Patent Law) was finally promulgated on December 27 2008 by the Standing Committee of the National People's Congress. It will become effective on October 1 2009. While revising the Patent Law, the State Intellectual Property Office (SIPO) and the Standing Committee carried out a total of three rounds of public consultation – an unprecedented level of discussion. Responses to the consultation were enthusiastic, and were well-received by the bodies in charge.
On November 4 2008, SIPO issued its first consultation draft on proposed amendments to the Implementing Regulations of PRC Patent Law (Draft Regulations). The public had until December 5 to submit their comments.
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