Exciting new changes continue to happen with the Chinese Patent Office (CNIPA). On November 12, 2019, the CNIPA published a new set of amendments to Part II Chapter 9 of the Patent Examination Guidelines (“Draft”) and requested public comment by December 11, 2019. In summary, the new guidelines clarify how emerging technologies involving artificial intelligence, Internet +, big data and blockchain should be examined. More specifically, the Draft provides examination guidelines for inventions comprising certain abstract features such as algorithms, business methods and rules. Examination Criteria Accordingly to the newly amended guidelines in the Draft, when determining patent eligibility, novelty or inventive step (Articles 25, 2, and 22 respectively),…
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Major and Exciting Changes to China’s Patent Law [Fourth Amendment to China’s Patent Law]
Major changes are on the horizon for China’s Patent Law, which will see an overhaul in many areas as early as this year (2019). On January 4, 2019, the National People’s Congress in China published the latest draft of the Fourth Amendment to China’s Patent Law. Several draft amendments have been released for public comment in the past several years, starting from 2012 to this most recent one in 2019. The period for public comment just closed on February 3, 2019. The goal is to implement this amendment in 2019. As a whole, these proposed changes address a lot of the criticisms people have had regarding the strength of IP…
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New Policies to Promote Importation of Innovative Drugs
At the April 12, 2018 executive meeting of the State Council in China, Premier Mr. Li Keqiang indicated the government’s desire to increase China’s access to innovative drugs. To achieve this, the government would encourage importation of innovative drugs into China by streamlining the regulatory pathway, enhancing IP protection, and lowering the cost of medicine. Shortly thereafter, the Chinese Food and Drug Administration (CFDA) published draft guidelines on May 12, 2018 and asked for comments. Below is a summary of where things stand today.
