CHANG TSI
Insights
Following the executive meeting on Nov. 3, 2023, China’s State Council released the amended Implementation Rules of the Patent Law on Dec. 21, 2023. The same day, China National Intellectual Property Administration issued the 2023 version of the Guidelines for Patent Examination and the Measures for Regulating Patent Applications. All three regulations will take effect on Jan. 20, 2024.
One of the primary motivations behind the amendment is to ensure the effective enforcement of the revised patent law in 2020 and to accommodate the requirements of joining the Hague Agreement Concerning the International Registration of Industrial Designs. Overall, the rules refine the patent application system, introduce many new systems, and improve the quality of patent examination system. It is an important amendment to respond to the needs of innovators and optimize the patent legal system.
Specifically, the amendments primarily involve the aspects below. For patent applications, the rules enhance the regulations regarding the submission and delivery of various documents in electronic format, define the requirements for partial design patent application documents, relax the conditions for not losing novelty, and elaborate on the system of priority rights. For patent examination, the rules regulate abnormal patent applications, adjust the time limit for confidentiality examination, introduce a system for deferred examination, and improve the reexamination system. For patent protection, the rules introduce a new chapter on patent term extension and improve the system for handling and mediating patent disputes. The rules also add special provisions for international applications for designs, strengthen patent public services, refine the system of open licenses, etc.
The amendments represent the latest legislative achievements in China’s patent law and will better safeguard the rights of innovators and promote innovation development. Further introduction and comments will be provided by Chang Tsi soon.
Authors: David LIu/Leslie Xu
Fourth amendments of the Chinese patent law has taken effect on June 1, 2021, wherein, as for Patent Term Adjustment (PTA) for pharmaceutical patents, Paragraph 3 of Article 42 stipulates that, in order to compensate for the time taken for the review and approval of new drugs, for new drug-related invention patents that have been approved for marketing in China, the Patent Administration Department of the State Council shall, at the request of the patentee, grant compensation for the duration of the patent right.
Over the years, Chang Tsi & Partners has maintained a strong relationship and close collaboration with Customs at various levels in China. Participating in intellectual property protection training organised by Customs across the country has been a crucial aspect of Chang Tsi's daily work.
