TIPS^®  Taiwan Intellectual Property Special

China Updates

Localized Patent Regulations in China

Since the introduction of the Patent Law in 1985, the Chinese government has made three amendments to improve intellectual property protection in the country. These amendments were mainly directed to a broader context that applies throughout the country as a whole, such as patent applications, patent examinations, and patent protections etc. However, local governments are now promulgating specific regulations to encourage and promote patent applications and the enforcement of patent rights. Among the 31 provinces, municipalities, and autonomous regions in China, 24 of them now have localized rules and regulations related to patent rights applicable in their respective jurisdiction. These jurisdictions took their local conditions and resources into consideration, and established rules that act as incentives to the potential patent applicants. For example, Chong Qing Municipality has recently introduced “Chong Qing Municipality Patent Promotion and Protection Regulations” that include incentives such as the establishment of a patent fund, tax benefits for newly patented creations, etc. In other jurisdictions, the local government also specified regulations such as measures to handle patent disputes and collect evidence, government monetary subsidy, etc.