China promotes the amendment of Patent Administrative Enforcement Operations Guidance

Recently, according to the work plan, the State Intellectual Property Office continued to promote the amendment of “Patent Administrative Enforcement Operations Guidance”. According to the principles of legislation, the amendment work actively absorb the advice and recommendations from local law enforcement and local IP officers, through several rounds of modification and drafts, the new drafts has been formed and would be open to whole society for public comment and suggestions in the near future. After the completion of the work during this year, this amendment work would further standardize the system-wide patent administrative enforcement and enhance the ability of law enforcement. 

According to an officer from SIPO, China will further improve its law enforcement regulations, refine the investigation basis of patent infringement behavior, patent infringement compensation　calculation and the rules of evidence and other aspects, and actively conduct patent law amendment work, promote system-wide capacity of law enforcement and investigation, in order to better safeguard the interests of patentees, for creating a favorable market environment for the steady growth and development of economy. 

According to SIPO, in the first six months, China’s total patent administrative law enforcement investigations reached 10,190, an increase of 107.7%. Among them, 5,437 for patent disputes (including 5,332 patent infringement cases), an increase of 167.6%; 4,753 counterfeiting patent cases were investigated, an increase of 65.4%.