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Third revision of China's Patent Law Print

Updated December 2010 

The IPR2 publication'Third Revision of China's Patent Law: Legal texts and documents on the drafting process 2006-2008'  compiles the most relevant documentation at each stage of the Patent Law revision, including the full text of the new Patent Law, its drafts and subsequent Implementing Regulations and Supreme People's Court Judicial Interpretations; as well as supporting documents, such as explanatory notes from the Chinese authorities and comments submitted by institutional stakeholders and industry at each stage of the revision. View flyer698.80KB

 Forming part of IPR2’s work on supporting revision of the major IP laws under the implementation of China’s National IP Strategy, the publication aims to be a valuable source of information for all stakeholders, in particular officials, academics, students and legal professionals, regarding the purpose and objectives behind the third revision of the Patent Law. China’s National IP Strategy (NIPS), released in June 2008, sets mid-term targets and overall objectives aimed at improving the creation, utilisation, protection and administration of intellectual property. One of the supporting pillars set in the NIPS is the revision of the framework of IP laws and regulations. The adoption in December 2008 of the new Patent Law by the Standing Committee of the National People’s Congress (NPC) - China’s highest legislative authority - is the first result in the revision plan set in the NIPS. 

The third revision of the Chinese Patent Law was adopted by the Standing Committee of the National People’s Congress (NPC) on 27 December 2008 and came into force on 1 October 2009, as the third amendment since it was passed in March 1984 and modified for the first time in September 1992 and again in August 2000. The law involves a number of substantial changes aimed at providing more effective protection of patent rights, in line with international developments and Chinese specificities, and at encouraging innovation and utilisation of patent protection. The subsequent Judicial Interpretations of the Supreme People’s Court on Several Issues Concerning Adjudicating Patent Infringement Disputes came into effect on 1 January 2010 and the Implementing Regulations of the law, on 1 February 2010. 

This publication includes the most relevant documentation that came out of the revision, including the legal texts and supporting documents. The explanatory notes issued by the authorities are complemented with the comments submitted by institutional stakeholders and industry. In doing so, the publication offers a comparative overview, neither comprehensive nor exhaustive, of the changes made at the subsequent stages of the drafting process. 

By documenting the legislative path, the IPR2 Project intends to present all parties who contributed to the drafting procedure with a token of gratitude, to give recognition to the transparency of the consultation process and to highlight the co-operation of the European Union with the Government of the People's Republic of China.  

Download updated Third revision of China’s Patent Law: Legal texts and documents on the drafting process 2006-2008 - 3.8MB

IPR2 has published a 'Third Revision of China's Patent Law: Patent Examination Guidelines:  A comparative analysis 2006 and 2010’following the release of the State Intellectual Property Office’s updated Patent Examination Guidelines, which followed the revision of the Patent Law. It presents the provisions of the updated Guidelines for 2010 in English and Chinese and gives a comparative review of changes from 2006. It is provided free-of-charge and may be downloaded here.   

 

Download Third revision of China’s Patent Law: Patent Examination Guidelines:  A comparative analysis 2006 and 2010 5.64MB 

The Guidelines, which came into effect on 1 February 2010, are complied by both Chinese patent enforcement authorities and applicants and prescribe in detail the documentation required for filing a patent and the ensuing examination process; and include changes to China’s State Intellectual Property Office (SIPO) practice across a range of areas.

Download the official Chinese and English version from SIPO Patent Examination Guidelines 2010 (English) 15.64MB  and Patent Examination Guidelines 2010 (Chinese)15.64MB.

This forms part of IPR2's work on supporting revision of the major IP laws under the implementation of China’s National IP Strategy. For the Patent Law revision process, specifically a study tour, workshop and roundtable in 2008. 

Useful links

National People’s Congress (NPC)

State Intellectual Property Office (SIPO)

For more information on the patent law revision, contact Mr Andreas Obst This e-mail address is being protected from spambots. You need JavaScript enabled to view it

For general information on IPR2, contact Ms Tamryn Barker This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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