By David Huang

China’s national Congress just approved new revisions to the Patent Law on October 17, 2020, and the revisions will take effect on June 1, 2021.  This is a summary of revisions that reflect new legal positions.  Revisions that merely reflect general policy encouragement or codify current judicial practice are not discussed.

1. Design patents

Article 29: Domestic priority will be broadened to design patent applications.

Article 24: The first disclosure for the public interests in case of national emergency or unusual circumstances (e.g. use of a new drug to treat COVID-19 virus) is added to the scenarios that are protected by the 6-month grace period.

3. Ineligible matters

Article 66: In case of a civil or administrative enforcement action, the accused infringer can also request the patent office to issue this report.

8. Powers of administrative enforcement authority

Article 70: CNIPA as the national patent office now has the administrative enforcement authority for “nationally influential” patent infringement cases.

9. Punitive damages