Geneva, Switzerland
October 1, 2009

Source: Intellectual Property Watch
By Wenting Cheng
Third Revision of Patent Law in China (Part II)

More than 20 years have passed since Patent Law in the People’s Republic of China came into force in 1985. The third amendment of Chinese Patent Law enters into force from 1 October, 2009. In addition to revision or repealing of provisions of Patent Law per se, patent-related laws, regulations and judicial interpretations also are undergoing major changes to facilitate the implementation. After a brief review of the background for the revision, this article explores the major changes in substantive requirements for patent grant, post-grant enforcement and adaptation of Chinese Patent Law to international norms on the protection of intellectual property.

This paper is the second part of a series (for Part I click here), covering patent exception relating to genetic resources and post-grant enforcement pertaining to assimilation of passing off patents into counterfeiting patents and the increase of threshold for penalty.

Click here to read the article

Website: http://www.ip-watch.org

Published: October 1, 2009