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CNIPA Seeks Comments on Proposals for Revisions to Implementing Rules of the Patent Law

Fri Dec 04 14:01:00 CST 2020 发布人:Editor

China National Intellectual Property Administration ("CNIPA") recently issued the Proposals for Revisions to the Implementing Rules of the Patent Law (Draft for Comment) (the "Draft for Comment") to seek comments from all sectors by January 11, 2021.

 

The Draft for Comment, presented in the form of a comparison table, is revised mainly in two aspects: (i) the supporting provisions on the revision of the Patent Law; and (ii) the relevant provisions perfected based on practical needs. In particular, the supporting revisions to the Patent Law in the Draft for Comment mainly touch on five aspects such as "relevant clauses on the patent term extension, the time for the request involving the extension of patent authorization term, circumstances of unreasonable delay caused by the applicant, requirements for the term extension of drug patents, the scope of drug and the scope of protection, etc." Revisions that are made based on practical needs mainly cover seven aspects such as "related clauses in connection with the patent cooperation treaty, involving inclusion of references and restoration of priority".

 

(Source: China National Intellectual Property Administration)