China publishes new patent law draft
08 September 2008
Peter Ollier, Hong Kong
China’s National People’s Congress has published proposed amendments to the country’s patent law on its website and is asking for comments
The publication is the latest stage of an exhaustive drafting and consultation process that began in 2006.
The amendments will introduce absolute novelty so that prior art published abroad can be used to invalidate a patent in China, and will increase the statutory damages available for patent infringement to up to Rmb1 million ($146,000).
Compensation will also include “ reasonable expenses the patentee has incurred in order to stop the infringing act”.
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