Uncertainty over Chinese Patent Law changes

01 March 2010

New Implementing Regulations include rules on filing patents outside China and rewarding employees for inventions

Peter Ollier, Hong Kong

Patent practitioners are still concerned by a lack of detail in key provisions of China's patent law despite officials issuing Implementing Regulations for recent amendments to the rules and updating SIPO's examination guidelines.

SIPO published the Implementing Regulations on January 18 and the new Examination Guidelines on January 21. Both came into force on February 1.

"The implementing regulations are still not very specific. There are some issues that need to be clarified by the courts," said Samson Yu, a partner of Kangxin Partners in Beijing.

Concern over the Implementing Regulations has...



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