China Patent Law Update: Second Reading Of Draft Amendments

The Standing Committee of the National People's Congress released the second reading of the draft amendments to the PRC Patent Law in July, with comments on the draft due by August 16, 2020.

Compared to the previous draft amendments in 2019, the most significant change reinstates partial design protection. This was suggested in an earlier draft submitted by the China National Intellectual Property Administration (CNIPA) but removed during the first reading for review by the top legislature.

Reinstating partial design protection is widely considered as a welcome move. The industry has increasingly called for greater protection of designs stemming from a growing need for entities to enforce design patents more effectively.