Patent law implementing rules finally appear

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专利法新实施细则:千呼万唤始出来-Patent-law-implementing-rules-finally-appear
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The amended PRC Patent Law came into effect on 1 October 2009. It provides a new framework in areas such as the confidential review of patent applications and the reporting of genetic resources. With a view to ensuring the smooth implementation and enforcement of this new framework, the State Council issued the Decision on Amending the Detailed Implementing Rules for the PRC Patent Law, making major revisions and additions to the previous rules, which date from 2001. The revised implementing rules came into effect on 1 February.

Further details provided

The Patent Law makes revisions to patent application procedures and the associated review procedures and granting conditions. It also provides a framework for such new items as a patent assessment report system and a confidential patent system. The new Implementing Rules provide further detail in relation to this framework, in areas such as making revisions to the particulars that are to be specified in the request for a patent application and the brief description for a design patent application; specifying the principles for dealing with a situation where a patent applicant applies on the same day for both a utility model patent and an invention patent for the same invention or creation; and requiring that if a single design patent application contains several similar designs, they must be essentially similar to the basic design and must not exceed 10 in number.

Definition of new terms

The accurate definition of the legal terms and concepts contained in the new Patent Law will assist anyone who is involved in patent matters in understanding and applying the law. Several provisions of the amended Implementing Rules are dedicated to giving a detailed explanation and definition of relevant legal terms, such as the “international exhibitions recognized by the Chinese government” mentioned in item (1) of Article 24 of the Patent Law, and the “preliminary reviews” mentioned in Articles 30 and 40 of the Patent Law. The most important among these are the definitions of relevant concepts in relation to confidentiality review and genetic resources.

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