Newsletter
PRC PATENT LAW UNDER AMENDMENT
China's State Intellectual Property Office (SIPO) is drafting amendments to the Patent Law and the Implementing Regulations of the Patent Law. The aims of the amendment are to respond to international standards in intellectual property rights and to improve the legislative framework for patents. The gist of the amendments include the following:
Simplification of the fee structure for patent applications and patent examinations.
Issues of overlap between invention patents and utility model patents.
Issues arising from the Patent Law Treaty, including:
1.Time limits and conditions for asserting priority claims, and restoration of priority rights.
2.Types of filing documents required to be submitted to obtain a filing date for a patent application.
3.Languages permitted to be used in patent application documents.
4.Extension of response deadlines.
5.Restoration of rights lost due to missing deadlines.
6.Requirements associated with applicants’ appointment of patent agents.
Criteria for novelty and creativity.
The scope of patentable subject matter (e.g., business method inventions, biogenetic tech-nology inventions).
Disclosure of sources of biogenetic resources.
Criteria for grant of design patents.
Exceptions to patent right (e.g., parallel im-ports, the Bolar exemption for pharmaceutical products and medical equipment, etc.).
Criteria for determining patent infringement.
Issues regarding indirect infringement.
Issues regarding new utility model search re-ports.
Handling of patent infringement through ad-ministrative measures.
Establishment of a unified appeal court for patents or intellectual property rights.
Prevention of abuse of patent rights.
Ownership of patent application rights and patent rights.
Assignment of patent rights to foreign owners
Issues regarding the relationship between mandatory national standards and patent rights.
Nature of invalidation actions.
Division of legislative content between the Patent Law and its Implementing Regulations.
The SIPO has thus far not yet announced any draft amendments. We will continue to follow the progress of the amendments and keep our readers informed.