On April 1, the "Draft amendments to Patent Law (draft)" (hereinafter referred to as the draft) presided by the State Intellectual Property Office solicits for public comments.
Officials from SIPO Treaty and Law Department said that the draft has a total of 30 substantive changes, including 18 modifications to the existing provisions, 11 additions, 1 deletion and added the chapter of "Implementation and use of patent”, besides to two provisions of adaptation editorial changes or adjustments.
According to reports, the main contents of modification include improving patent protection, safeguarding legitimate interests of right holders; facilitating the implementation and use of patents to realize their value; achieving the statutory functions of the government and building a service-oriented government; improving patent examination system and the quality of patents; improving the legal system of patent agency to promote healthy development of IP services. Among them, in terms of improving patent protection and safeguarding legitimate interests of right holders, the main contents include, intending to further improve the patent protection system with Chinese characteristics, as for strengthening patent protection and law enforcement, as well as issues generally complained by patent holders such as the burden of proof, long period, high cost, low compensation and poor results in enforcement, proposing appropriate measures to establish a sound long-term mechanism to combat patent infringement, promoting effective convergence of patent administrative enforcement and judicial protection, to improve law enforcement efficiency and reduce the cost of patent rights, and create fair and equitable, standardized and transparent legal and market environment.
Officials from SIPO Treaty and Law Department said that, along with the pace of the reform and opening up, innovation and development, the Patent Law has been modified for three times in 1992, 2000 and 2008 respectively.