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WEEKLY NEWS - JANUARY 07, 2009

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

China passes patent law amendments

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.

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