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 Third Amendment to the Chinese Patent Law
The Third Amendment to the Chinese Patent Law is expected to bring the 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 in this article.
By
William L. Warren, Lei Fang And S. Alex CaoThis premium content is locked for LawJournalNewsletters subscribers only
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