The Fourth Amendment of Chinese Patent Law and Discussion on its Practical Effects

Ling Feng and Xiang Yu

European Review, 2023, vol. 31, issue 2, 196-211

Abstract: Through comparative study, case and data analysis, this article summarizes the key points of the fourth amendment of Chinese Patent Law, and analyses the expected practical significance. Meanwhile, this article also discusses the shortcomings of the new patent law after the fourth amendment, and puts forward some suggestions for further improvement and refinement. The purpose of the fourth amendment of Chinese Patent Law is mainly to make the Chinese patent system more in line with the current technological and economic development in China as well as international cooperative innovation. The core points of the fourth amendment include: (1) strengthening patent enforcement by adopting punitive damages to intentional patent infringement, and increasing the patent protection duration extension for new pharmaceuticals, etc. (2) Promoting patent implementation by adding ‘Open Licence’ rules and improving employees’ invention regulations; (3) Improving design patent protection by expending protection duration and adopting protection for partial designs. (4) Increasing the provisions about the grace period for patent filings of inventions related to public interests. The new Patent Law 2020 will gradually show its significant practical effects. At the same time, however, there are still some regulations that need to be further clarified and refined for ensuring better implementation of the new law.

Date: 2023
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