Fourth Amendment of Chinese Patent Law & Draft Implementation Rules: Patent Term Adjustments, Patent Damages, Open Patent License System, and More

On Oct. 17, 2020, China promulgated the fourth amended Patent Law, which goes into effect on June 1, 2021. Subsequently, the China National Intellectual Property Administration (CNIPA) issued draft implementation rules on Nov. 27, 2020 to implement the amended Patent Law.

While many of the amendments codify practices already in use, other amendments set new standards and create new requirements. While the amended patent law does not elaborate or define a newly introduced term or provision, the draft implementation rules are intended to supply guidance. For example, while the amended patent law establishes the new PTE scheme, it does not elaborate on the definition of "unreasonable delay" that may trigger patent term compensation. The implementation rules provide guidance on reasonable delay, filing requirements, and how the PTE scheme will apply. Companies seeking to protect their IP in China must understand the amended Patent Law and the implementation rules.

Listen as our authoritative panel of patent attorneys examines the amended Chinese Patent Law and implementation rules. The panel will examine rules addressing patent term adjustment, patent term extension, claiming priority, and more. The panel will offer best practices for effectively navigating the new patent law and implementation rules.