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Draft Amendment to Patent Law Submitted to Standing Committee of the National People's Congress for Deliberation (2018-3)


The State Council announced its "2019 Legislative Work Plan of the State Council on March 14, 2018.  The Draft Amendment to Patent Law (Draft for Review)" drafted by SIPO would be submitted to the Standing Committee of the National People’s Congress for deliberation, and Patent Agency Regulations would also be revised.

The current "Patent Law" had gone through thirty-three years and three amendments since its implementation on April 1, 1985. To further consummate the patent legal system, address major problems in the field of patent protection, effectively safeguard patent rights and promote the implementation and application of patents, SIPO initiated preparatory work for the fourth comprehensive revision of the Patent Law in the second half of 2014. Revision to "Patent Law Amendment Draft (Submission for Examination)" is on the base of people’s advice. This was the fourth and a major revision of "Patent Law", involving 33 substantive changes.

Since the current "Patent Agency Regulations" came into effect on April 1, 1991, the patent agency industry has developed rapidly. As of the end of 2017, domestic patent agencies had exceeded 1,824, with more than 16,000 professional patent agents. This rapidly developing and new reality requires the revision of the Patent Agency Regulations to regulate the healthy development of the patent agency industry.

 

(Adapted from SIPO’s website)