Insufficient patent protection and enforcement in China has been a long-standing frustration not just for international but also domestic rights holders. After several rounds of revisions and years in the making – the revised PRC Patent Law entered into force on June 1, 2021.
The fourth amendments bring substantial changes including the creation of a patent linkage system, introduces an open license system, improves protection for industrial designs as well as several new provisions directed towards pharmaceuticals, and overall strengthened patent enforcement.
There are also many highlights that will be particularly important for foreign companies doing business in China or interested in the Chinese market like patent term extensions, employee service inventions, provisions against bad faith, and abuse of patent rights.
