NPC Passed Amendment of Chinese Patent Law

The Sixth Session of the Standing Committee of the 11th National People's Congress (NPC) approved the amendment of the Chinese Patent Law on December 27, 2008. The amended Chinese Patent Law will be in forced from October 1, 2009.

Under the amended Patent Law, patentability is tightened. Any technology known to the public before a date of filing will constitute prior art. The public use before a filing date outside China territory may destroy patentability. An earlier filed but later published application for patent may affect novelty of later applications, regardless who filed the earlier application. Moreover, Chinese entity or individual may directly file foreign applications after obtaining an approval from SIPO. Foreign applicants are still required to hire a patent agency as his or its agent in China. However, all patent agencies established under laws in China instead of patent agencies designated by SIPO can deal with foreign-related patent affairs. According to the amended Patent Law, two or more similar designs of a same product may be filed in one application. In addition, the extent of protection of the patent right for design shall be determined by the patented design incorporated in the product as shown in the drawings or photographs. The brief description of the design may be used to interpret the design of the product as shown in the drawing or photographs.