Wednesday, December 27 2023   \  Published by Borsam IP.

China's State Council Releases Amended Implementing Regulations of The Patent Law

China's State Council Releases Amended Implementing Regulations of The Patent Law

On December 21, 2023, China’s State Council released the Amended Implementing Regulations of the Patent Law (国务院关于修改《中华人民共和国专利法实施细则》的决定). The Implementing Regulations explain how several provisions of China’s amended Patent Law of 2021 will be implemented and will become effective January 20, 2024.

Highlights include:

- elimination of the 15-day mail delay in calculating most deadlines;

- restoration of priority rights;

- up to 6 months for a secrecy review decision (similar to the US foreign filing license requirement);

- good faith requirement for patent application filings including a maximum 100,000 RMB fine for violating the requirement; Read more

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