China Is Amending The Patent Law

China's top legislature, Standing Committee of the National People's Congress (SCNPC), had a first reading on the Draft Amendment of the China Patent Law at the end of December 2018. This amendment would be the fourth amendment of the China Patent Law since it came into force in April 1985. The Draft Amendment was proposed by the State Intellectual Property Office at the end of 2015 and approved by the State Council in December 2018 after long discussion.

SCNPC invited public comments on the Draft Amendment on Jan. 4, 2019. FICPI has submitted its comments to SCNPC expressing its concerns to some of the proposals.

After collecting public opinions on the Draft Amendment, the SCNPC will have a second or even third reading on the Draft Amendment (possibly with further amendments) in a few months. Usually, the Draft Amendment will be approved by the SCNPC after the second or third reading.