On 11 Dec. 2023, the State Council of China issued the “Decision on Revising the Implementation Regulations of the Patent Law of the People’s Republic of China” (關于修改〈中國專利法實施細則〉的決定).
Following the enactment of the Patent Law in China, the State Council formulated an administrative regulation, namely the “Implementation Regulations of the Patent Law” (hereinafter the “Regulations”, 專利法實施細則), tailored to the Patent Law. Due to the amendments made to the Patent Law in 2020, corresponding revisions have also been made to the Regulations.
The revised Regulations consists of 149 articles, with notable contents as follows:
1. Revision of the design patent system. On 5 Feb. 2022, China joined the “Hague Agreement Concerning the International Registration of Industrial Designs” (hereinafter the “Hague Agreement”). Consequently, relevant provisions in the Regulations have been amended, including clarifying domestic priority rights for design patents and adding special provisions for international applications of design patents.
2. Clarification of the patent term extension system. The patent term extension is divided into two categories: invention patent term extension and pharmaceutical patent term extension.
3. To stipulate that patent applications must adhere to the principle of good faith. Namely, patent applications should be based on genuine inventive activities, and applicants should not practice fraud.
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Contributors: CJO Staff Contributors Team
