IP Files

The Patent Law of China was first promulgated in 1984, and was last amended by the Decision of the Standing Committee of the NPC of December 27, 2008, which took effect on October 1, 2009, The Implementing regulations revised by Decisions of the State Council in 2010. China is going through another round of Patent Law revision to further improve its patent protection and exploitation system.
The Patent Law protects three types of patents: invention patents, utility models and designs. The 2008 amendment focused on areas including definition of types of patents, patentability requirements, procedure rules in patent application, compulsory license, enforcement and administrative protection, etc. In December 2015 the State Council published a draft amendment of the Patent Law for public comments. The draft amendment addresses major concerns of patentees and the industry, such as the service invention obvious license, processing of applications, patent agency, indirect infringement, evidentiary rules in infringement litigation, punitive punishment

Related Patent Law

China Laws

Patent Law of the People's Republic of China (2008 amendment)

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Regulations on Patent Commissioning

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Implementing Regulations of the Patent Law of the People's Republic of China

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Regulation on National Defense Patent

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Measures for the Implementation of the Patent Agents Qualification Examination (2008)

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Measures for the Implementation of the Patent Agents Qualification Examination (2008)

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Administrative Measures for the Priority Examination of Invention Patent Applications

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Measures for Compulsory License for Patent Exploitation (2012)

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Measures for the Registration of a Pledge of Patent Rights

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Decision of the State Intellectual Property Office on Amending the Guidelines for Patent Examination (2014)

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Circular on Declaring 2010 Patent Strategies and Accelerating Development of the Engineering Projects

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Notice on the Intensive Promotion of Patent Electronic Application

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The Provisions on Patent Electronic Application

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Several Provisions on Patent Applications by Taiwanese Compatriots

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Measures for Administrative Patent Enforcement

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Patent Examination Guidelines (2010)

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Measures for Compulsory License on Patent Implementation concerning Public Health Problems [Expired]

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Measures for Compulsory License for Patent Exploitation (2012)

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Opinions of the MOFTEC and the State Intellectual Property Office on Strengthening the Administration of Patents in Foreign Trade

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Disciplinary Rules for Patent Agency

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Provisions Concerning Implementation of Patent Cooperation Treaty in China

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Notice of the State Intellectual Property Office on Issuing the National Patent Development Strategy (2011-2020)

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Decision of the State Intellectual Property Office on Amending the Guidelines for Patent Examination (2013)

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Several Provisions of the State Intellectual Property Office on Patent Applications of Taiwan Compatriots

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Measures for the Administration of Patent Agency

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Announcement No. 177 of the State Intellectual Property Office--Announcement on Commencing the China-Europe Electronic Exchange Service for Priority Documentation

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Notice of the State Intellectual Property Office on Issuing the National Patent Development Strategy (2011-2020)

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Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases (2010 Revised)

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Decision of the Supreme People’s Court on Modifying Several Provisions of the Supreme People’s Court on Issues concerning Applicable Laws to the Trial of Patent Controversies (2013)

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Decision of the Supreme People's Court on Revising Certain Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Hearing of Patent Dispute Cases

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Several Provisions of the Supreme People's Court for the Application of Law to Pre-trial Cessation of Infringement of Patent Right

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Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases (2010 Revised)

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Circular on Issuing the Adjustment of Standard for National Defense Patent Fee

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Guidelines for the Administrative Enforcement of Patents (Draft for Comment)

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Useful Documents

Past events

Subject:Belgium (Brussels), Sweden and Finland
Location:Belgium (Brussels), Sweden and Finland
from 09 May 2016 to 18 May 2016

Peer to peer exchanges and study visit to Sweden, Finland and Belgium with the Legislative Affairs Commission on the reform of Patent and Unfair Competition Laws

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Subject:Denmark, Italy, Hungary
Location:Denmark, Italy, Hungary
from 11 Sep 2015 to 18 Sep 2015

2015 roving seminar in the EU on the Chinese patent system

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Subject:Zhaoqing, China
Location:Zhaoqing, China
from 12 May 2015 to 13 May 2015

Follow up Peer to Peer Exchange on the Reform of the PRC Patent Law

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Subject:Ireland and Denmark
Location:Ireland and Denmark
from 02 Jul 2014 to 08 Jul 2014

Peer to Peer Exchange on the Reform of the PRC Patent Law-Study Visit to Europe by LAC

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Location:Paris, France
Helsinki, Finland
Munich, Germany
from 16 Jun 2014 to 24 Jun 2014

Roving Seminars in Europe on the Chinese Patent System

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Location:Beijing
11 Dec 2013

Patent Offices’ Utility Models Seminar in Beijing

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Useful Links