中华人民共和国专利法第三次修改说明-IPKey.ppt

The Third Revision of the Chinese Patent Law
State Intellectual Property Office of Dec. 2009
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Part I General Introduction
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Historical Development of the Chinese Patent Law
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The patent system of China has been established with the adoption of the reform-open policy in China. The mittee of the National People’s Congress approved the Chinese Patent Law on March 12, 1984. This law took effect on April 1, 1985.
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The Patent Law has been revised twice in the past, firstly on September 4 , 1992 to further promote the economic reform. The revision entered into force on January 1, 1993.
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The Main Points of the first Revision:
Enlarging the scope of patentable subject matter to cover pharmaceuticals and materials obtained by chemical process.
Prolonging the term of patent protection, for invention to 20 years,for utility model or industrial design to 10 years.
Strengthening the protection of patent right by conferring the patentee with the right to prohibit others from importing patented products without his permission and extending the legal effect for patented process to the products obtained directly by the patented process.
Replacing the pre-granting opposition procedure by the post-granting revocation procedure.
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In order to meet the needs of establishing market economic system, and aligning the patent system with the provisions of TRIPs prior China’s accession to the WTO, China revised the Patent Law secondly on Aug. 25, 2000. The revision entered into force on July 1, 2001.
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The Main Points of the second Revision:
Cancelling the revocation procedure to eliminate its conflicts with the procedure of invalidation
Putting the decisions made by the Reexamination Board on utility model and design application and patent to be subject to judicial review
Adding search report for utility model patent as reference for court trial of infringement cases
Empowering administrative authority to order infringers immediately stop infringement and to