中国China Patent OfficeCNIPAPatent LawUpdates and Changes
2023年11月10日

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

by
王怡瑾女士
车李晓芸女士

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. 

其他文章

A Detailed Dive into China’s New Patent Term Extension Provisions

2020年12月11日
This article is a part of a larger article that highlights the newest draft implementation rules of the new Chinese Patent Law. This particular article takes a detailed dive into the patent term extension/adjustment provisions. One of the biggest and most exciting provisions in the newly amended patent law is patent term extension for delay […]

IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 3: The 15-Day Mailing Period is Mostly Going Away

2024年2月28日
A Closer Look at the New Presumed Receipt Date Calculation Background China has finally released the long-awaited Patent Law Implementation Regulations (“Regulations”) and associated "Patent Examination Guidelines" (“Guidelines”, similar to the United States' MPEP) which provide further clarity and details of the new Chinese patent law. Today’s article will focus on changes that impact how […]

IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 2: Grace Period without Loss of Novelty

2024年2月7日
Background As mentioned in our earlier article, the Implementation Regulations of the Chinese Patent Law (“Regulations”, similar to the CFR in the US) were approved in November, and the CNIPA finally made public the full text of the Regulations just before the arrival of the New Year. At the same time, the CNIPA also released […]

How Smart is a "Skilled Person in the Art"?

2022年4月11日
Let’s start with a riddle: can you name a person who has read every book, every journal, conducted every known experiment, and is knowledgeable about every single patent prosecution / litigation in the world? The answer? A “skilled person in the art.” This person is also known as a “person having ordinary skill in the […]

我们的过去活动

Top crossarrow-right