On October 17, 2020, the Standing Committee of the National
People's Congress in China promulgated the fourth amended
Patent Law of the People's Republic of China, which came into
force in its original form in 1985, with subsequent amendments in
1992, 2000, and 2008. The amendment will come into effect on June
1, 2021.
The amendment for the first time codifies certain notable
changes for pharmaceutical-related patents, including the
introduction of a patent linkage system in China to align with
international practices.
In addition, the amendment (i) increases statutory damages,
introduces punitive damages, and shifts the burden of proving
damages in patent infringement actions; (ii) enables the China
National Intellectual Property Administration to determine patent
infringement disputes of significant national impact; (iii) expands
the scope of protection over design patents (particularly on
subject matter) and extends their term of protection; (iv)
