TIPS^®  Taiwan Intellectual Property Special

Feature

Key Changes in the New Patent Law of the People’s Republic of China (as Amended 2008)

After several years of drafting and modifications, the third amendment of China’s Patent Law has been approved and will take effect on October 1, 2009. First enacted in 1984, China’s Patent Law was previously modified in 1992 and again in 2000. The previous amendments followed China’s admission to the Patent Cooperation Treaty (PCT), and its efforts to comply with the Trade-Related Aspects of Intellectual Property Rights (TRIPS). The 2008 revisions were initiated voluntarily and seek to bring the law into line with the practices of most developed countries. Although there are a number of changes in the laws, there are several which are of particular interest to foreign companies doing business in China.