Responding to the needs of innovative entities, optimizing the patent legal system, and implementing detailed rules of the new patent law will systematically enhance the level of patent work

2023-12-29

The revision of the Implementation Rules of the Patent Law is another important achievement in the construction of the rule of law for intellectual property rights. It is of great significance for the comprehensive implementation of the newly revised Patent Law and the improvement of China's patent system. It will systematically enhance the level of China's patent work and better meet the practical needs of innovation driven development and high-level opening up to the outside world. Recently, the newly revised Implementation Rules of the Patent Law of the People's Republic of China (hereinafter referred to as the Implementation Rules of the Patent Law) have been publicly released. After the publication of the Implementing Regulations of the Patent Law, it has received widespread attention and positive evaluation from all sectors of society. "It is widely believed that the revision of the" Implementation Rules of the Patent Law "is another important achievement in the construction of intellectual property rule of law. It is of great significance for the comprehensive implementation of the newly revised Patent Law and the improvement of China's patent system. It will systematically enhance the level of China's patent work and better meet the practical needs of innovation driven development and high-level opening up to the outside world." Shen Changyu, Director of the China National Intellectual Property Administration, said at the State Council's regular policy briefing held by the State Council Information Office on December 26. The revision of the Implementing Regulations of the Patent Law involves a lot of content and significant institutional adjustments, resulting in new breakthroughs and developments in the system. In the words of Zhang Peng, Director of the Article and Law Department of the China National Intellectual Property Administration, "This is the biggest change in the previous revision of the detailed rules", 30 new rules were added and 4 deleted from the current detailed rules for the implementation of the Patent Law. Li Shunde, a researcher at the Institute of Law of the Chinese Academy of Social Sciences, believes that this revision not only further refines the relevant systems of the Patent Law, but also includes many new systems, as well as adjustments and improvements to some existing systems. Overall, it is an important adjustment to respond to the needs of innovative entities and optimize the patent legal system. According to Shen Changyu, the modifications run through various aspects of patent creation, examination, application, protection, management, service, and international cooperation, among which some highlights have achieved new breakthroughs and developments in the system. These highlights are mainly reflected in the following aspects: optimizing the patent application system. We have added a system for priority restoration, addition, and correction, relaxed the requirements for priority procedures and application procedures, and provided better services for domestic and foreign users. On the basis of the original application of the novelty grace period, the scope of application for Article 24 of the Patent Law related to "academic or technical conferences" has been relaxed, further reducing the corresponding burden on applicants to submit proof materials, and encouraging innovative entities to actively participate in international academic exchanges and the formulation of international standards. We have improved the patent examination system. Providing applicants with more examination mode choices, on the basis of accelerating examination, centralized examination and other systems, a delayed examination system has been added to better coordinate and match the examination cycle with the market-oriented operation of patents, and meet the diversified needs of innovative entities. At the same time, detailed provisions have been made for the system of partial design protection and domestic priority of design added in the fourth amendment of the Patent Law, further expanding the protection objects of design to meet the diversified needs of innovative entities for product design protection. Wei Baozhi, head of the Examination Business Management Department of the Patent Office of the China National Intellectual Property Administration, added that the quality of examination has been steadily improved. The accuracy rate of invention patent closure reaches 94.2%, and the quality of examination

Edit:Ying Ying    Responsible editor:Shen Chen

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