New Patent Law Approved; Will Enter Into Force In October 2009

摘要

The National People's Congress of China ("NPC") approved amendments to the PRC Patent Law on December 27, 2008. The new law will come into effect on October 1, 2009.rnThis latest version of the Patent Law brings China another step closer to complying with World Trade Organization requirements. The amendments are expected to be supplemented in the next few months with revised Implementing Regulations. Key changes to the law merit the attention of patent owners, particularly the following:rn"First-to-file" Rule Amended: The revised law removes the earlier law's criterion for first filing which was based on the applicant's nationality. From October 1, 2009, inventions of any entity or individual inside China must first be filed in the PRC unless the application has passed a security review.