Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Third Amendment to the Chinese Patent Law

By William L. Warren, Lei Fang and S. Alex Cao
April 27, 2009

The Third Amendment to the Chinese Patent Law was approved on Dec. 27, 2008 and will come into effect on Oct. 1, 2009. Chinese Patent laws were first established in only 1985. The First Amendment enacted in 1992 added pharmaceutical compositions to the list of patentable subject matter and inaugurated China's membership in the Patent Cooperation Treaty (“PCT”). The Second Amendment enacted in 2000 brought the Chinese Patent Law into compliance with the Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) Agreement.

This Third Amendment is expected to bring the Chinese Patent Law into closer conformity with international standards, particularly commensurate with U.S. Patent contract and litigation practice, even though several changes such as the absolute novelty requirement still clearly reflect the influence of European Patent laws on the development of the Chinese Patent Law. The Third Amendment includes changes to patent application and enforcement processes, ownership rights, compulsory licensing rules, international exhaustion rights, penalties for patent infringement, prior art defenses, and exemptions, summarized as follows.

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.