Recently, the 22nd Meeting of the Standing Committee of the 13th National People's Congress heard a report on the review results of the amendment to the patent law of the people's Republic of China (Draft) by Jiang Bi, vice chairman of the Constitution and Law Committee of the National People's Congress.

Jiang Bixin introduced that some members of the Standing Committee and the public proposed that in order to encourage the patentees to voluntarily implement open licenses and promote the implementation and application of patents, it is suggested to increase the provisions on incentive measures. During the implementation of the opening license, the annual fee for patent paid by the patentee should be reduced accordingly. Draft III adopted this opinion in its draft III review.
According to the provisions of the draft review, the patent administrative department under the State Council may handle patent infringement cases with great influence throughout the country; for cases involving cross regional infringement of the same patent right, the Department in charge of patent work at a higher level may be requested to handle the case. Some opinions suggest that there are many patent infringement cases in practice, which are handled by the patent administrative department under the State Council. Whether they can be done or not, and some suggest that the patent administrative department under the State Council, as the Department of patent authorization confirmation, should not deal with the specific cases directly, and the specific scope is limited to "cases with significant influence in the whole country". 3. The draft is revised as follows: in case of cross regional infringement of the same patent right, the higher level "local" people's Government may handle the patent work.

Some opinions have been made that, in order to protect the legitimate rights and interests of the parties to patent rights in China, it is suggested to improve the provisions of the current patent law on the protection measures, and to clarify the acts that hinder the patentee or interested party from realizing their rights, the patentee and the interested party may apply to the people's court to take the order to make certain acts or prohibit certain acts before the prosecution Action. The third draft adopted this opinion.