China’s State Council has approved the draft implementation rules of Patent Law at a meeting held on November 3.

The meeting stressed the need to strictly enforce the implementation rules of Patent Law and urged further improvement of patent application and examination system to level up China’s patent creation, application, protection, and service to reflect the level of international treaties.

On 17 October 2020, China’s National People’s Congress (NPC) adopted a decision to amend Patent Law, which came into force on 1 June 2021. Highlights include an extension of the patent term for pharmaceutical patents, higher liability for patent infringement, a provision easing the burden of proof for damages, and more options to reward employee inventors.

China National Intellectual Property Administration (CNIPA) started to prepare for the revision of the implementation rules of Patent Law in November 2020.

The draft implementation rules propose implementing rules for amending Patent Law, including details on applications for patent term extension, new rules for priority claims, administrative enforcement rules, and specific provisions for international design patent registrations under the Hague Agreement.

These draft rules will support the smooth implementation of China’s amended Patent Law and create a better legal environment for innovation.