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ARTICLE · 22 JULY 2020

China update: eagerly awaited new patent law amendment draft now available for discussion

Summary of key points from the amendments to patent laws in China.

ChinaIntellectual Property

Changes to the China patent law have been eagerly awaited following several announcements mentioning reform. An "Amendment to the Patent Law of the People's Republic of China (Second Review Draft)" has now been published online by the National People's Congress on 3 July 2020, and seeks further opinions by 16 August 2020. Key items include the link between the regulatory and the patent office with regards to pharmaceutical patents, as well as entering into several patent law-related commitments in the China-US Trade Agreement (see related articles below).

As anticipated, core parts of the proposed changes relate to the pharmaceutical sector with the aim to create a patent linkage and patent term extension system in the patent law.

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