CNIPA Prepares for the Implementation of the New Patent Law
To implement the decisions of the CPC Central Committee and the State Council on comprehensively strengthening the protection of IP rights, and per the requirements of the Fourth Plenary Session of the 19th Central Committee of the CPC on enhancing the powers of the central government in the field of intellectual property protection and other aspects, the Standing Committee of the National People's Congress finalized the fourth revision of the Patent Law on October 17, 2020. The revision added provisions stipulating that the patent administration department under the State Council may, upon request, handle patent infringement disputes with significant impact to the country and enforce administrative adjudication on early resolution mechanisms for drug patent disputes.
In order to implement the relevant provisions of the new Patent Law, China National Intellectual Property Administration (CNIPA) has drafted The Measures for Administrative Adjudication of Early Settlement Mechanism on Drug Patent Disputes (Consultation Paper)and The Measures for Administrative Adjudication of Major Patent Infringement Disputes (Consultation Paper). The two documents have recently become available online to solicit public comments. The Measures for Administrative Adjudication of Early Settlement Mechanism on Drug Patent Disputes (Consultation Paper) contains 22 articles, making detailed provisions on the implementation subjects, acceptance conditions, investigation of evidence and trial methods of administrative adjudication. The Measures for Administrative Adjudication of Major Patent Infringement Disputes (Consultation Paper) contains 25 articles, clarifying the scope of acceptable cases, acceptance procedure, filing conditions, investigation of evidence, inspection and identification, disclosure of execution and other contents.
For the next step, CNIPA will actively absorb the advice and recommendations from all parties, and further revise the two drafts on the basis of thematic seminars, research forums, and expert argumentation. The Patent Law will be issued and introduced in a timely manner and shall be effective as of June 1, 2021.(Translated from CNIPA Website Chinese Version)