关键词/Keywords： Chinese Patent Law, revision

The National People’s Congress of P.R. China has adopted the new Patent Law on 27. December 2008. This new act will enter into force on 1st. October 2009.

Author: Zhuomin Wu  From: www.bioipr.com 

This revised law was adopted with 154 votes and four abstentions at the closing meeting of the sixth session of the 11th National People’s Congress(NPC) Standing Committee. The aim of the new act is to encourage innovation, enhance the enforcement of patent right, and improve China’s international competitiveness.

It has been now approved that the new act does allow inventors to apply for foreign patents before domestic ones for their inventions. Previously, the inventor, whose inventions were completed in China, must apply for domestic patents first before applying for a foreign one. (This is not only stipulated in China, but also other countries to protect their own interest. ) However, Chinese inventors must first go through government scrutiny before applying for foreign patents to find out if such innovations should be made national secrets. Inventions which have not undergone security checks will not be granted Chinese patents, according to the law. (also see XINHUA News)

Besides, the regulation of design patent has been significantly revised; the administrative protection is enhanced; the terms of preliminary injunction and compulsory license  are harmonized.

 

In our “China BioIPR Watch” we have discussed many details about the new act in the following areas:

1. Patent application and enforcement

2. Civil processes for protecting patent rights

3. Design Patent

 

Download the new Patent Act:(full text in PDF)

          

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