State Council Approved Chinese Patent Law Amendment Draft

A State Council executive meeting deliberated and approved the draft of the third amendment of the Chinese Patent Law. According to the Legislation Law, the State Council will submit the draft to the Standing Committee of the National People's Congress for approval after deliberations in three meetings of the Standing Committee. The final approval is expected in the first half of 2009.

Key changes of the draft relate to stricter standards for the grant of patent right, more measures for commercialization of patented technologies, intensified protection of patent, prevention of abuse of patent right for balance between patentee's interests and the public's interest. The Chinese Patent Law (1985) was amended twice in 1992 and 2000.