Amendment of China’s Patent Law Explained by the Lawyers

After several rounds of revisions, the latest draft of the 4th amendment of the Patent Law was released by the China’s Standing Committee of the National People’s Congress. The amendment of China patent law is formulated to improve the current patent system.

Patents, trademarks and copyright play a pivotal part in shaping national economic development. That is the reason Along with continuous improvements to the country’s IP legal framework, China has witnessed rapid growth in the use of the IP system, experiencing dramatic increases in the number of applications for IP rights.

In the view of the prominent China patent attorneys, Beijing is showing a liberal side in its IP offering and greatly improving country’s IP litigation resources. Indeed, China is on track to achieving its 2020 strategic goal laid out in 2008 of attaining a comparatively high level in terms of the creation, utilization, protection and administration of IP rights.

The aim of the drafted Amendment to the Patent Law is to help build a fairer business environment and encourage innovation.

“The draft is meant to solve new patent problems, such as difficulties in collecting evidence in patent lawsuits, online IP infringement and low compensation for victims of patent infringement,” said Mr. Shen Changyu, head of the State Intellectual Property Office.

The new amendment will offer greater protection to the patent especially for foreign companies. The draft introduces new provisions regarding the good-faith principle when applying for patents and exercising patent rights and a credit record on the protection of patent rights to be established and incorporated into the national credit database. It will further strengthen the following patent protection process:

  • Directly file a patent application in China
  • File based on your overseas patent application, such as a European patent application
  • File for an international patent application under the Patent Co-operation Treaty

Any patent related disputes can be taken to the Shanghai Intellectual Property Court, Beijing Intellectual Property Court, Guangzhou Intellectual Property Court or on the other 20 intellectual property tribunals. China’s government respects foreign investors’ intellectual property rights and will lawfully protect the intellectual property rights of foreign investors and foreign-funded enterprises by taking solid and effective measures.

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