Intellectual Property Law

Changes to Chinese patent law in the offing

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

China Daily reports that amendments to the Chinese Patent Law have been speeded up following the adoption of the Chinese National Intellectual Property Strategy. Amendments include:

1. 1. the introduction of an absolute novelty standard ? inventions will need to be novel worldwide, and not just in China;
2. 2. streamlining the patent application process to encourage more Chinese inventors to apply for patents;
3. 3. removing the requirement that Chinese legal and natural persons must first apply for patents in China before making foreign applications;
4. a compulsory licensing scheme where a patent has not been sufficiently exploited within three years of grant, or has been abused by the grantee
5. changes to the damages regime.

The amendments have been submitted to the National People's Congress (NPC) Standing Committee for a first reading, but would require two further readings to be passed.

The IPKat welcomes the changes, which appear to put China more in step with the international position, while at the same time addressing Chinese social concerns.

Full post as published by IPKat on September 08, 2008 (boomark / email).