China's Revised Implementing Regulations of the Patent Law to Take Effect 20 January 2024 


To align with the latest revision of the Chinese Patent Law implemented on 1 June 2021, the State Council of China has recently published the new Implementing Regulations of the Chinese Patent Law, which will come into force on 20 January 2024.

 

According to China National Intellectual Property Administration (CNIPA) commissioner Mr. Shen Changyu's briefing on a press conference of the State Council, this revision of the Implementing Rules of the Patent Law aims at bringing forth improvements in the following five aspects: 


First, patent application system: optimise the patent application process, refine the partial design system, relax the novelty grace period, and supplement priority-related provisions to facilitate the applicants and innovative entities;


Second, patent examination system: regulate patent application behaviors, improve the utility model and design patent application examination system, introduce deferred examination, and refine the patent reexamination system to enhance the quality and efficiency of patent examination;


Third, administrative protection of patents: refine the patent term compensation system, improve patent dispute handling and mediation system, and clarify the definition for patent infringement disputes that have a major impact nationwide to safeguard the legitimate rights and interests of the patentees;


Fourth, patent-related public service: add exceptions to compulsory agency, enhance patent information public service capabilities, refine the open licensing system, and improve regulations related to service inventions to foster commercialisation and exploitation of patents;


Fifth, connection with international rules: clarify the legal status and examination procedures for international design applications, and make adaptive provisions in domestic design patent application system in terms of priority requirements, novelty grace periods, divisional applications, etc., to promote high-level opening up in the field of intellectual property.



Related link:  Implementing Regulations of the Chinese Patent Law (2023) (Chinese version)



Date:2023-12-22Return to List
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