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The State Intellectual Property Office is actively preparing for the implementation of the new patent law

2021-03-04

In order to implement the decision-making and deployment of the CPC Central Committee and the State Council on Comprehensively Strengthening the protection of intellectual property rights, and in accordance with the requirements of the Fourth Plenary Session of the 19th CPC Central Committee on appropriately strengthening the central authorities in the field of intellectual property protection, the Standing Committee of the national people's Congress completed the fourth amendment of the Patent Law on October 17, 2020, adding a patent administrative department of the State Council, which can deal with matters on request and has a significant impact in the whole country The patent infringement disputes, as well as the drug patent dispute early settlement mechanism, administrative adjudication and other provisions.


In order to implement the relevant provisions of the new patent law, the State Intellectual Property Office has studied and drafted the administrative adjudication measures for the early settlement mechanism of drug patent disputes (Draft for comments) and the administrative adjudication measures for major patent infringement disputes (Draft for comments), and recently solicited opinions from the public through the Internet. Among them, there are 22 articles in the administrative adjudication measures for the early settlement mechanism of drug patent disputes (Draft for comments), which make detailed provisions on the implementation subject, acceptance conditions, evidence investigation and trial methods of administrative adjudication; there are 25 articles in the administrative adjudication measures for major patent infringement disputes (draft for comments), which make detailed provisions on the scope of cases, acceptance process, filing conditions, evidence investigation and inspection The contents of the regulation and implementation of the law should be made clear.


In the next step, the State Intellectual Property Office will fully absorb the feedback and suggestions from all parties, further revise and improve the two documents by means of special discussion, discussion and research, expert argumentation, etc., and promptly print and issue them, so as to ensure the effective implementation of the revised Patent Law on June 1 this year.


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