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:
- 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.
About the Authors
Yolanda Wang is a Principal, Chinese Patent Attorney, and Chinese Patent Litigator at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.
Jennifer Che, J.D. is Vice President, Principal, and a US Patent Attorney at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.