The Supreme People’s Court has just issued draft regulations for comment regarding how new Article 76 will work in conjunction with civil procedure law. The period to submit comments ends December 14, 2020, and the final version will come into force June 1, 2021, together with the new Chinese Patent Law. The Backdrop: New Chinese Patent Law Adds Patent Linkage (Article 76) Linking Drug Approval to a “Clear” Patent Position In October of 2020 China passed the 4th amendment of the patent law which ushered in some sweeping changes in certain areas that are especially exciting for life science companies. One of the most important changes is the introduction of…
- Biotech, China, Patent Linkage, Patent Term Extension, Pharma, Supreme People's Court, Updates and Changes
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Breaking News: China passes Fourth Amendment to the Chinese Patent Law
After 12 years, the Fourth Amendment to the Chinese Patent Law has passed and will be in effect on 1 Jun 2021. After years of multiple draft amendments that moved in various directions, we FINALLY have some clarity on what patent protection is going to look like in China in the coming future. Many of these changes were already in the proposed draft amendments that came out in 2019 and 2020, though there have also been some adjustments. Most notable aspects of this new law include (1) patent term extension due to regulatory or patent office delay (2) patent linkage between new drug approval and patent disputes; (3) litigation reform…
- China, Patent Linkage, Patent Term Extension, Pharma, Proposed Changes, Regulatory, Updates and Changes
Breaking News: Newest Draft Amendment to the Chinese Patent Law Available for Public Comment
Finally, after more than a year since the last draft amendment came out in 2019, a new draft has been submitted to the National People’s Congress Standing Committee for deliberation on June 28, 2020. The newest version is now published for public comments until August 16, 2020. As a whole, these proposed changes address a lot of the criticisms people have had regarding the strength of IP protection in China. These changes, once implemented, will make China a much more patent-friendly jurisdiction, benefiting innovators worldwide. Examples of notable changes include (1) a longer patent term for new drugs and design patents; (2) patent linkage; (3) litigation reform such as significantly…