CNIPA approves the Draft Regulations for the Implementation of the Patent Law
The Regulations for the Implementation of the Patent Law (Draft) were approved by the State Council on November 3, 2023. This revision, deemed crucial for the effective implementation of the Patent Law, has attracted significant attention within the industry. The process began with the 22nd Session of the Standing Committee of the 13th National People’s Congress passing the Decision on Amending the Patent Law on October 17, 2020.
Subsequently, the State Intellectual Property Office promptly initiated the revision of the Regulations for the Implementation of the Patent Law. A draft of the amendment proposal was formulated and made public for feedback from November 2020 to January 2021.
The revised Regulations for the Implementation of the Patent Law, stemming from the amendments to the Patent Law, provide detailed guidelines on application procedures, conditions, and requirements for partial design patents and domestic design priority. It elucidates aspects such as the patent open license statement, non-publication circumstances, withdrawal procedures, filing details, and more. The regulations specify the submission process for compensation requests related to the patent right term, addressing delays attributed to the applicant and outlining the compensation system for drug patent rights. Furthermore, it mandates the establishment of a public service platform for patent information by the patent administration department of the State Council. This platform aims to enhance the national patent information service network, furnish basic patent information data, and foster talents in the field of patent information.
The amendment also enhances the patent application and examination system to elevate both quality and efficiency. Responding to advancements in technology, the definition of “written form” for patent application filing has been broadened to encompass both electronic and paper formats. The filing date for electronically submitted applications has been clarified. These changes aim to streamline the patent application process and enhance the patent evaluation report and patent invalidation systems.
CNIPA has indicated that the next phase involves expeditiously finalizing the revision of the “Patent Examination Guidelines” and other pertinent departmental rules and normative documents. This effort is intended to ensure the seamless implementation of the detailed rules outlined in the amended Patent Law.
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