Amendments to the Implementation Rules of the Patent Law of the People’s Republic of China

The State Council of the People’s Republic of China recently announced the Decision of the State Council on Amending the Implementation Rules of the Patent Law of the People’s Republic of China (hereinafter referred as “the Amendments”), which will come into effect on January 20, 2024. The original implementation rules have been mainly modified from the following aspects: first, the Amendments will improve the patent application system to facilitate applicants in obtaining patents, thus the priority system will be refined, and it will be clarified on the requirements for partial design patent application documents. Second, the patent examination system will be improved, and the quality of patent examination will be enhanced as well. The Amendments stipulate that all types of patent applications shall be based on real invention and creation activities and shall not be falsified. Third, the Amendments also strengthen patent protection, improve the system for handling and mediating patent disputes, and safeguard the legitimate rights and interests of patent holders. Forth, the Amendments strengthen patent services and promote patent creation, transformation, and utilization, which will simplify the formal requirements for patent application documents and reduce the burden on innovation entities. Last, the Amendments has been newly added special provisions for international applications of design, which will provide bridging with the domestic design patent application system in terms of priority requirements and other aspects.

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