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

Why Do Examiners Fail to Recognize the Importance of my “Parameter Features”?

2025年5月28日
The Impact of Parameter Features on Inventiveness ”Parameter features” – numerical or mathematical expressions that define the quantity or physical properties of a subject – frequently appear as technical features within a claim. Often described as numerical ranges or measurements, they frequently play a critical role in addressing technical problems. However, in practice, Examiners and […]

Hong Kong Launches New Original Grant Patent System

2019年12月17日
Hong Kong will be launching a new patent system on December 19, 2019 that includes key changes, most notably the introduction of an original grant patent system. This new patent system includes both the Patents (Amendment) Ordinance 2016 and the Patents (General) (Amendment) Rules 2019. Currently, there are two types of patent applications available in […]

China Releases Draft Implementation Guidelines for the Drug Administration Law

2022年6月2日
The latest draft implementation guidelines for China’s Drug Administration Law (“Guidelines”) are out and open for comment. Previously, the new implementation measures for early dispute resolution mechanisms for drug patents (“Patent Linkage Measures”) came into effect on July 4, 2021. The Guidelines indicate that the final approval of generic chemical drug applications for marketing approval […]

Compositions Limited by Use: A Cautionary Tale

2022年10月26日
Section 4.2.3, Part II Chapter 10 of the CNIPA’s Examination Guidelines (“Guidelines”) stipulates that if the specification only discloses one property or use of a composition, the composition claim shall be drafted as a “composition limited by the function or the use”. Furthermore, it specifically states that “most pharmaceutical claims shall be drafted as claims […]

我们的过去活动

Top crossarrow-right