Patent Law Amendment Passed to Provide Stronger Protection of Patent Rights
The 22nd session of the 13th NPC Standing Committee voted on the October 17th and approved the revised Patent Law (for details, please refer to https://www.cnipa.gov.cn/art/2020/10/18/art_ 53_ 153525.html and the attachment in Chinese）. The new Law will take effect on June 1, 2021.
The revision of the Patent Law mainly includes three aspects: 1. Strengthen the protection of the legitimate rights and interests of patentees, including increasing the compensation for infringement of patent rights, improving the burden of proof, improving the pre-litigation behavior preservation measures, improving the administrative protection of patent, adding the principle of honesty and credibility, adding the patent term extension system and relevant provisions on the early settlement procedure of pharmaceutical patent disputes, etc. 2. Promote the exploitation and utilization of patents, including improving the service invention system, adding patent open license system, and strengthening patent transformation services. 3. Improve the patent granting system, including further improving the design protection system, increasing the applicability situation of novelty grace period, and improving the patent evaluation report system, etc.