Tuesday, January 19, 2010

Transitional Measures on Implementation of the Amended Patent Law 2009

The Transitional Measures on Implementation of the amended Patent Law, approved by the meeting of the State Intellectual Property Office (SIPO) of the People's Republic of China, are hereby promulgated and shall come into force as of October 1, 2009

Commissioner Tian Lipu

September 29, 2009

Article 1. These Measures are made in accordance with the provisions of Article 84 of the Legislation Law of the People's Republic of China to secure the implementation of the Decision of the Standing Committee of the National People's Congress on Amending the Patent law of the People's Republic of China.

Article 2. The provisions of the former Patent Law will apply to any patent application filed before October 1, 2009 and the patent rights granted on the basis of the application; The provisions of the amended Patent Law will apply to any patent application filed on or after October 1, 2009 and the patent right granted on the basis of the applications, except as otherwise provided in the following articles of these Measures for the patent application filed before October 1, 2009 and the patent right granted on the basis of the application.

The date of filing as referred to in the preceding paragraph shall be construed in accordance with the applicable provisions of the Rules for the Implementing Regulations of the Patent Law.

Article 3. Where any application for implementing a compulsory license of a patent is filed on or after October 1, 2009, the provisions of Chapter 6 of the amended Patent Law will apply.

Article 4. Where the administrative authority for patent affairs deals with any suspected patent infringement taken place on or after October 1, 2009, the provisions of Articles 11, 62, 69 and 70 of the amended Patent Law will apply.

Article 5. Where the administrative authority for patent affairs investigates and handles any suspected passing-off of a patent of another person, the provisions of Articles 63 and 64 of the amended Patent Law will apply.

Article 6. Where any patentee affixes a patent marking on or after October 1, 2009, the provisions of Article 17 of the amended Patent Law shall be applied.

Article 7. Where any foreigner, foreign business or other foreign organization not having habitual residence or business place in China entrusts or changes a patent agency on or after October 1, 2009, the provisions of Article 19 of the amended Patent Law will apply.

Article 8. These Measures shall come into force as of October 1, 2009.

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