China Daily reports that amendments to the Chinese Patent Law have been speeded up following the adoption of the Chinese National Intellectual Property Strategy. Amendments include:
- 1. the introduction of an absolute novelty standard – inventions will need to be novel worldwide, and not just in
- 2. streamlining the patent application process to encourage more Chinese inventors to apply for patents;
- 3. removing the requirement that Chinese legal and natural persons must first apply for patents in
before making foreign applications; China
- a compulsory licensing scheme where a patent has not been sufficiently exploited within three years of grant, or has been abused by the grantee
- changes to the damages regime.
The amendments have been submitted to the National People's Congress (NPC) Standing Committee for a first reading, but would require two further readings to be passed.
The IPKat welcomes the changes, which appear to put