Beijing Wei Chixue Law Firm--Announcement of China National Intellectual Property Administration on the Interim Measures for Examination Related to the Implementation of the Revised Patent Law (No. 423)

The 22nd meeting of the Standing Committee of the 13th National People's Congress has voted on October 17, 2020 to adopt the Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China. The amended Patent Law will come into effect on June 1, 2021. As the implementation regulations of the amended Patent Law are still in the process of revision, in order to ensure smooth implementation of the amended Patent Law, the China National Intellectual Property Administration has formulated the Interim Measures for Examination Related to the Implementation of the Revised Patent Law, which is hereby released and shall come into force on June 1, 2021. Patent applicants, patentees or other relevant parties may handle the relevant business in accordance with the provisions of the Measures.

China National Intellectual Property Administration
May 24, 2021

Interim Measures for Examination Related to the Implementation of the Revised Patent Law

Article 1 The patent applicant may, from June 1, 2021 (inclusive), file an application for a design patent under Article 2(4) of the amended Patent Law for protection of a part of a product a paper or offline electronic application. The China National Intellectual Property Administration will review the application after the Implementation Regulations of the amended Patent Law come into effect.

Article 2 For a patent application filed after June 1, 2021, where the applicant believes that the application falls within the circumstances specified in Article 24(1) of the amended Patent Law, the applicant may file a request in written form. The China National Intellectual Property Administration will examine the application after the Implementation Regulations of the amended Patent Law come into effect.

Article 3 For an application for design patent filed after June 1, 2021, the applicant may submit a written statement claiming priority rights of the design patent under Article 29(2) of the amended Patent Law. The China National Intellectual Property Administration will review the above application and the earlier design patent application as the basis for priority rights after the Implementation Regulations of the amended Patent Law come into effect.

Article 4 For a patent application filed after June 1, 2021, the applicant may submit a copy of the patent application documents filed for the first time under Article 30 of the amended Patent Law.

Article 5 For a patent for creation-invention announced to be granted as of June 1, 2021, the patentee may, under Article 42(2) of the amended Patent Law, submit a request for compensation for the term of the patent right in written form within three months from the date of announcement of granting of the patent right, and subsequently pay the relevant fees specified in a notice of payment issued by the China National Intellectual Property Administration. The China National Intellectual Property Administration will review the request after the Implementation Regulations of the amended Patent Law come into effect.

Article 6 From June 1, 2021, the patentee may, under Article 42(3) of the amended Patent Law, submit a request for compensation for the term of the patent right in written form within three months from the date of approval of new drug marketing license request, and subsequently pay the relevant fees specified in a notice of payment issued by the China National Intellectual Property Administration. The China National Intellectual Property Administration will review the application after the Implementation Regulations of the amended Patent Law come into effect.

Article 7 From June 1, 2021, the patentee may, under Article 50(1) of the amended Patent Law, declare in written form voluntary open licensing of his/her patent. The China National Intellectual Property Administration will review the declaration after the Implementation Regulations of the amended Patent Law come into effect.

Article 8 From June 1, 2021, an alleged infringer may, under Article 66 of the amended Patent Law, request the China National Intellectual Property Administration to issue a patent right evaluation report in written form.

Article 9 From June 1, 2021, the China National Intellectual Property Administration reviews patent applications pending for preliminary examination, substantive examination and reexamination under Article 20(1) and Article 25 (1)(e) of the amended Patent Law.

Article 10 The term of a design patent of which the filing date is before May 31, 2021 (inclusive) is ten years starting from the filing date.

Article 11 This Measures shall come into force as of June 1, 2021.