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Home >> China
UPDATED: 08:54, January 31, 2007
Third revision drafted for Patent Law
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The Patent Law is being revised for the third time after it was promulgated in 1985 and amended in 1992 and 2000.

Draft amendments to the law were handed to the State Council for deliberation on December 27, according to the State Intellectual Property Office (SIPO), which was in charge of drafting the amendments.

About half the current 69 clauses have been changed in the draft, SIPO spokesman Yin Xintian said yesterday in Beijing.

Legal experts said the draft amends the novelty standard and design patent. It also incorporates infringement determination standards, strengthens patent protection, extends the scope of patent infringement exemptions and further clarifies stipulations on compulsory licenses.

The revisions are likely to have a visible impact on patent practice in China.

For instance, prior to the draft, the Chinese patent system used a blended novelty standard. Under the current Patent Law, prior art includes publication inside or outside China, but public use or other means of disclosure only in China.

In the draft, prior art is broadened to include public use or other means of disclosure outside China.

Therefore, foreign applicants should prevent any disclosure of inventions before filing a patent application in China.

Yin said the revisions are also expected to better balance the interests of patent holders and the public, and to safeguard national interests and economic security.

Source: China Daily


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