Modification Draft of the Regulations for the Implementation of the Patent Law Starts Opinion Solicitation From All Walks of Life

In order to ensure the unblocked implementation of the third amendment of the Patent Law as soon as possible, SIPO recently solicits opinion from all walks of life on the Modification Draft of the Regulations for the Implementation of the Patent Law of the People's Republic of China (version for opinion solicitation). The deadline for the opinion solicitation is December 5.

In the specification of Modification Draft of the Regulations for the Implementation of the Patent Law of the People's Republic of China (version for opinion solicitation), it introduces the background of modifying the Regulations for the Implementation of the Patent Law, major modification process and main modified contents. The modification this time mainly covers 11 aspects such as the title, patent application documents, special requirements for the application of patent of invention and creation completed by using genetic resources, application of patent of model utility and design, procedures of reexamination and the declaration of invalidity, charge items and process, improvement of compulsory license system, rewards to inventors and designers of job-related inventions and creations, patent rights protection, and stipulations when an international application enters specific countries. Meanwhile, the version for opinion solicitation also modifies some clauses of the existing Regulations.

In 2007, SIPO initiates the modification work of the Regulations for the Implementation of the Patent Law. After that, it publicizes the directory of the research topics of modifying the Regulations for the Implementation of the Patent Law, lists 16 items of key issues that may be covered during the modification, and invites public bidding in the whole society. A total of 21 topic-based scientific research groups, consisting of experts and scholars from SIPO, colleges and universities, scientific research institutes and intermediary service organizations undertake the 16 topic research work. On the basis of profound researches, the groups complete 21 reports, consisting of more than 1.9 million Chinese characters. Related departments of SIPO and related experts research, combine, analyze and discuss the above-mentioned reports in depth, and complete the first modification draft of the Regulations for the Implementation of the Patent Law in March 2008. After repeated discussion and deliberation, the Modification Draft of the Regulations for the Implementation of the Patent Law of the People's Republic of China (version for opinion solicitation) is finally formulated.

The State Council submits the Modification of the Patent Law of the People's Republic of China (draft) on August 5, 2008 to the Standing Committee of the National People's Congress for review and discussion. At the end of August, 2008, the Fourth Session of the Standing Committee of the 11th National People's Congress conducts the first discussion on the draft.

2013-07-17