China approves the draft implementation rules of its Patent Law

China’s State Council has approved the draft implementation rules of its Patent Law at an executive meeting held on November 3, according to news released on Monday.

Stressing the need to strictly enforce the implementation rules of the Patent Law, the meeting also urged further improving the patent application and examination system to level up China's patent creation, application, protection, management and service, as well as better matching the relevant international treaties.

On 17 October 2020, China's National People’s Congress(NPC) adopted the decision to amend its Patent Law, which took effect on 1 June 2021, marking the fourth amendment to China’s Patent Law. The highlights are the adoption of a patent linkage system, a patent term extension for pharmaceutical patents, higher damages for patent infringement, a provision easing the burden of proof for damages, the availability of design patents for partial designs and more options to reward employee inventors.

Following the adoption of the amendment to the Patent Law, the China National Intellectual Property Administration(CNIPA) started the preparation for the revision of the implementation rules of the Patent Law in November 2020.

The draft implementation rules propose implementing rules for the amended Patent Law, including details on applications for patent term compensation and extension, new rules for priority claims, administrative enforcement rules, and specific provisions for international design patent registrations under the Hague Agreement.

The draft rules have been approved last Friday, which will help the smooth implementation of China’s newly amended Patent Law and create a better legal environment for innovation, according to the report.