The revision of the Implementing Regulations of the Patent Law focuses on five aspects

2023-12-27

It was learned from the State Council Policy Regular Briefing held by the State Council Information Office on the 26th that the revised Implementation Rules of the Patent Law of the People's Republic of China will come into effect on January 20, 2024. Shen Changyu, Director of the China National Intellectual Property Administration, said at the meeting that the revision of the detailed rules for the implementation of the Patent Law will systematically improve China's patent work and better meet the practical needs of innovation driven development and high-level opening up. Shen Changyu introduced that the revised implementation rules of the Patent Law consist of 13 chapters. The specific content of the modification mainly involves five aspects: first, improving the patent application system to facilitate applicants and innovative entities. This includes optimizing the patent application process, refining the local design system, relaxing the novelty grace period, and improving the priority related system. The second is to improve the patent examination system, enhance the quality and efficiency of patent examination. This includes standardizing patent application behavior, improving the examination system for utility models and designs, increasing the system for delayed examination, and improving the system for patent re examination. The third is to strengthen patent administrative protection and safeguard the legitimate rights and interests of patent holders. This includes refining the compensation system for patent term, improving the system for handling and mediating patent disputes, and clarifying the standards for defining patent infringement disputes that have significant impact nationwide. The fourth is to strengthen public services for patents and promote the transformation and utilization of patents. This includes increasing mandatory agency exceptions, enhancing patent information public service capabilities, refining open licensing systems, and improving regulations related to service inventions. The fifth is to strengthen the connection with international rules and promote high-level opening up to the outside world. This includes clarifying the legal status and examination procedures of international applications for design, and making transitional provisions with the domestic design patent application system in terms of priority requirements, novelty grace period, and divisional applications. It is reported that the revision of the Implementing Regulations of the Patent Law this time includes the addition of 30 new articles and the deletion of 4 new articles on the basis of the current regulations, making it the most significant change in all previous amendments to the regulations. In order to ensure the smooth implementation of the revised Rules, the China National Intellectual Property Administration has simultaneously completed the preparation and revision of four supporting departmental rules and normative documents, including the Guidelines for Patent Examination, the Transitional Measures on the Handling of Examination Business Related to the Implementation of the Revised Patent Law and its Implementation Rules. These supporting systems will come into effect and be implemented simultaneously with the Patent Law Implementation Rules. (Lai Xin She)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:GMW.cn

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