ChinaChina Patent OfficeCNIPAPatent LawUpdates and Changes
10 November 2023

Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved

by
Ms. Yolanda Wang
Ms. Jennifer Che

On November 3rd, 2023, the Premier of the State Council, Li Qiang, chaired a regular meeting where the "Implementation Regulations of the Patent Law of the People's Republic of China (Revised Draft)" was reviewed and approved. This is great news, as we have been waiting quite some time for these Regulations (Rules) to be approved (see our previous article summarizing the draft Implementation Rules). Considering the 4th Amendment of the new Chinese Patent Law was passed in October 2020, we have certainly been waiting a long time for more details about how this law will be implemented.

This document is not publicly available yet. However, the announcement provides a summary of key highlights:

Key Highlights:

  • China will continue to enhance protection of IP rights, with a goal of further refining the patent application and examination systems to improve China’s standards in patent innovation, application, protection, management, and related services.
  • China will continue efforts to strengthen alignment with relevant international treaties.
  • The Regulations affirm that the patent law plays a pivotal role in promoting technological innovation and the development of new industries and markets.
  • China will initiate multiple forms of public awareness campaigns on IP Rights to foster a legal environment that supports and safeguards innovation.

These high level statements reflect China’s overarching goals for strengthening both IP protection as well as public awareness of IP protection in China. We look forward to seeing the details of the Regulations.

As always, we keep an eye out for updates such as these and will inform you as soon as more details come out. 

Other Articles

Diagnostic Claims in China

9 January 2020
The Chinese Patent Law excludes patenting methods of diagnosing or treating a disease. More specifically, this refers to processes of identifying, determining, or eliminating the cause or focus of diseases which are practiced directly on living human or animal bodies. Please keep in mind that instruments used for implementing these methods are still patentable. So […]

Beijing IP Court Reverses CNIPA Decision and Upholds Ozempic® semaglutide patent in China as VALID based on Novo Nordisk’s Post Filing Data

27 June 2024
Recently, all eyes have been on China as the fundamental patent covering semaglutide, the active ingredient in Ozempic® and Wegovy®, will expire on March 20, 2026. It goes without saying that generics are ramping up bigtime in China (and also around the world), preparing to manufacture and sell this blockbuster drug to one of the […]

How to Protect a Crystal Form (Polymorph) Patent in China

4 June 2025
Crystalline forms are critical to pharmaceutical patents, offering extended protection for improved stability, bioavailability, or manufacturability. However, securing such patents in China has grown increasingly difficult due to the China National Intellectual Property Administration (CNIPA)’s strict patentability criteria. Unlike the U.S. or Europe, where structural novelty or problem-solving utility may suffice, China demands quantifiable evidence of […]
CN1982128B Figure

2019 CHINA TOP 10 IP CASE: VALEO V. LUCAS, FUKE, & CHEN

8 June 2020
Every year in the spring The Supreme People’s Court of PRC announces its “Top 10 Intellectual Property (IP) cases” and “50 typical IP cases in Chinese courts” of the year. Although not having precedential weight, these cases serve as a reference and guide people's courts at all levels regarding their intellectual property trials. It’s always […]

Our Past Events

Top crossarrow-right