New year, new patent law


Stephen Yang

On December 30, 2009, during the executive meeting of the State Council, the Implementing Regulations of the Patent Law of the People’s Republic of China (draft) was approved.

Premier Wen Jiabao signed a State Council Order on January 9, 2010 to publish the new Implementing Regulations, which came into force on February 1, 2010. The new regulations improve the examination system for regulating patent applications in foreign countries for inventions made in China. They also refine the patent application process and conditions for granting patents, define the information disclosure requirements for genetic resources and improve administrative penalties for patent infringement.

Shortly after the publication of the new regulations, new Guidelines for Examination, drafted by the State Intellectual Property Office (SIPO) in accordance with the new regulations, were published on January 21, 2010. They too came into force on February 1, 2010.

The revision of the three things needed to prosecute patent applications has been completed: the Patent Law, the Implementing Regulations and the Guidelines for Examination.

China Patent Law, SIPO