Transition to the new CN patent law (comes into force on 1 June 2021) was published by the CNIPA yesterday: https://lnkd.in/gxTTG4y
For the new law, please see my article https://lnkd.in/gYK43df
The following are effective to applications filed after 1 June 2021:
- Partial design protection
- 15 years term of design patent (so delay your design filing in China to on or after 1 June 2021)
The following could be done after 1 June 2021 at the CNIPA:
- For patents granted after 1 June 2021, drug patent term extension (subject to grant of drug marketing approval from the NMPA) and patent term adjustment could be requested.
- Patentees could record their patents for open license
- Alleged infringer of utility model and design patent could request patentability evaluation report
Drug companies would be relieved by a), as China could choose to make drug patent extension available to applications filed after 1 June 2021 only, instead of patents granted on or after 1 June 2021 (which naturally have filing dates earlier than 1 June 2021).
国家知识产权局《关于施行修改后专利法的相关审查业务处理暂行办法》的公告（第423号）
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