In August 2012, China's State Intellectual Property Office
published the amendment proposal for the Patent Law of the
People's Republic of China (consultative draft), inviting
opinions from the public. This consultation process has just been
completed. This marks the fourth revision of the Patent Law.
Previously, the Law, published in 1984, was altered three times, in
1992, 2000 and 2008. Based on the consultative draft, this
amendment is a partial adjustment, highlighting the administrative
protection of a patent, while emphasising the judicial protection
of patent rights.
In accordance with the consultative draft, the amendment
involves a total of seven clauses, which fall into two sections,
including the Invalidation of the Patent Right, and the Protection
of the Patent Right. In terms of the clauses covered by the
amendment, this is a partial adjustment, which differs from the
previous three comprehensive changes.
Primary purpose of the amendment
In July 2008, the Chinese government promulgated and implemented
strategic guidelines on intellectual property, defining IP
protection as the state strategy. With the rapid development of the
economy and increasing demand for innovation, the Chinese
government is growing more aware of the need to protect
Following the third amendment to the Patent Law in 2008,
insufficient patent protection has become the most pressing issue.
As such, this amendment aims to enhance patent protection and the
effectiveness of law enforcement.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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