【 Laws and Regulations 】 Overview of Revision of Detailed Rules for the Implementation of Patent Law

outline

On October 17, 2020, the 22nd meeting of the 13th the National People’s Congress Standing Committee (NPCSC) passed the fourth amendment of the patent law, and on December 11, 2023, a new round of revision of the detailed rules for the implementation of China’s patent law (hereinafter referred to as the "Detailed Rules") was adopted. The revised Detailed Rules will come into force on January 20, 2024. Shen Changyu, director of China National Intellectual Property Administration, said that the revision of the detailed rules for the implementation of the Patent Law will systematically improve the level of China’s patent work and better meet the practical needs of innovation-driven development and high-level opening up.

Revision of detailed rules for the implementation of patent law

This revision of the detailed rules for the implementation of the Patent Law has added 30 articles and deleted 4 articles on the basis of the existing detailed rules, which is the biggest change in previous detailed rules. In order to ensure the smooth entry into force and implementation of the revised detailed rules, China National Intellectual Property Administration has simultaneously completed the compilation and revision of four supporting departmental rules and normative documents, such as the Patent Examination Guide and the Interim Measures for the Implementation of the Revised Patent Law and its Implementing Rules, and these supporting systems will come into effect and be implemented at the same time as the Implementing Rules of the Patent Law.

The revised Detailed Rules for the Implementation of the Patent Law consists of 13 chapters and 149 articles. The specific content of the revision mainly involves five aspects:

01

It is to improve the patent application system and facilitate applicants and innovative subjects.

Including optimizing the patent application process, refining the local design system, relaxing the provisions of the grace period for novelty, and improving the priority-related system.

02

It is to improve the patent examination system and improve the quality and efficiency of patent examination.

Including standardizing the behavior of patent application, improving the examination system of utility model and design, increasing the delayed examination system and improving the patent reexamination system.

03

It is to strengthen patent administrative protection and safeguard the legitimate rights and interests of patentees.

Including refining the compensation system of patent term, perfecting the system of patent dispute handling and mediation, and defining the standards of patent infringement disputes that have great influence in the country.

04

It is to strengthen the public service of patents and promote the transformation and application of patents.

Including increasing the compulsory agency exception, improving the public service ability of patent information, refining the open licensing system and improving the relevant provisions on service inventions.

05

It is to strengthen the connection with international rules and promote high-level opening up.

Including defining the legal status and examination procedures of international application for design, and making provisions on the connection with the domestic patent application system for design in terms of priority requirements, grace period for novelty, divisional application, etc.

Original title: Overview of Revision of Detailed Rules for the Implementation of the Patent Law.

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