Managing Intellectual Property

China passes patent law amendments (full version)

07 January 2009

Peter Ollier and Janice Qu, Hong Kong

The introduction of absolute novelty and a system requiring companies in China to seek permission from SIPO before filing abroad are among a series of patent amendments that have been approved in China

The Standing Committee of the National People's Congress passed the amendments to the country's Patent Act on December 27 after an exhaustive process of consultation that began in 2006. They will come into effect on October 1 this year.

"Absolute novelty is the biggest gain", Elliot Papageorgiou, a partner of Rouse in Shanghai told Managing IP. This amendment means that prior art published abroad can be used to invalidate a patent in China.

During the drafting process the most controversial amendment was a provision requiring companies to file first in China for inventions completed in China.

Article 20 of China's 2001 patent law stated that, for inventions "made in China", Chinese entities or individuals had to seek permission from...



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